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PTO s Financial Benefits from IPR Don t Render PTAB Unconstitutional

A split panel of the US Court of Appeals for the Federal Circuit concluded that the structure and functions of the Patent Trial & Appeal Board PTAB survived yet another constitutional challenge, this time based on the PTAB’s fee and compensation structure.

Patent Case Summaries - October 2021 #3 | Alston & Bird

PTO s Financial Benefits from IPR Don t Render PTAB Unconstitutional | McDermott Will & Emery

A split panel of the US Court of Appeals for the Federal Circuit concluded that the structure and functions of the Patent Trial & Appeal Board (PTAB) survived yet another constitutional.

Latest Federal Court Cases - October 2021 #3 | Schwabe, Williamson & Wyatt PC

Latest Ruling On PTAB Constitutionality Tees Up More Fights

The lengthy string of challenges to the constitutionality of the Patent Trial and Appeal Board appears set to continue after a dissent by a Federal Circuit judge on Wednesday identified another potential flaw in the board that seems likely to spur more litigation, attorneys say.

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