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Expert Analysis

A Possible USPTO Solution To PTAB Constitutionality Ruling

By James Carmichael and Stephen Schreiner (November 13, 2019, 12:38 PM EST) -- The U.S. Court of Appeals for the Federal Circuit panel in Arthrex Inc. v. Smith & Nephew Inc.[1] found a constitutional infirmity in the appointment of administrative patent judges because they were not sufficiently supervised to be considered inferior officers and yet were not appointed by the president with advice and consent of the Senate as required for principal officers. ...

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