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Home / Expert Opinion / IP Frontiers: The U.S. Supreme Court finds, and fixes, constitutional defect in Patent Trial and Appeal Board decisions

IP Frontiers: The U.S. Supreme Court finds, and fixes, constitutional defect in Patent Trial and Appeal Board decisions

In U.S. v. Arthrex, case number 19-1434; Smith & Nephew v. Arthrex, case number 19-1452; and Arthrex v. Smith & Nephew, case number 19-1458, the Supreme Court recently held that the law empowering Administrative Patent Judges of the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) were unconstitutional.  The Court found ...