More Federal Circuit Judges Question PTAB Appointment Ruling (1)

Jan. 31, 2020, 4:59 PM; Updated: Jan. 31, 2020, 11:32 PM

Federal Circuit Judges Todd M. Hughes and Evan J. Wallach have joined the ranks of those on their court questioning a panel ruling that administrative patent judges were unconstitutionally appointed.

Hughes and Wallach lobbed their criticism of Arthrex Inc. v. Smith and Nephew, Inc. in another patent case, Polaris Innovations Ltd. v. Kingston Tech. Co. The court vacated a Patent and Trademark Office tribunal’s decisions in Polaris and sent them back for re-dos with new panels of agency judges.

Returning the dispute to the PTAB ended the government’s hopes to have a hearing in Polaris alongside an full-court rehearing ...

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