Pharma Group, Academics Weigh in on PTAB Judge High Court Fight

Dec. 2, 2020, 12:34 AM

Law professors and a membership group focused on drug pricing are weighing in on a Supreme Court case where the future of Patent Trial and Appeal Board judges hangs in the balance.

The U.S. Court of Appeals for the Federal Circuit’s Arthrex Inc. v. Smith & Nephew Inc. decision has cast more than 100 Patent and Trademark Office tribunal fights into doubt.

In Arthrex, the Federal Circuit severed job protections for PTAB judges to fix a constitutional issue and remanded the dispute for a redo before the board. The court has since sent back numerous cases on these grounds. ...

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