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Patent Office Braces Ahead of High Court Ruling on Agency Judges

Oct. 22, 2020, 9:00 PM

The U.S. Patent and Trademark Office is keeping a close eye on a Supreme Court battle that has thrown over 100 intellectual property fights and the future of agency judges into doubt, director Andrei Iancu said Thursday.

In Arthrex Inc. v. Smith & Nephew Inc. the justices are expected to resolve whether Patent Trial and Appeal Board judges should have been nominated by the president and confirmed by Senate.

The patent office is going to be “very much involved” in the government’s briefing with the Supreme Court, Iancu said during the American Intellectual Property Law Association’s annual meeting.

“We’re preparing ...

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