This is interesting…

From “Could Constitutional Flaw Unravel Eight Years of Patent Board Rulings?
In an appeal that has just petitioned the Supreme Court to be heard, a company is making the argument, based on the careful research of Gworge Washington University legal scholar John Duffy, that the majority of the appeals judges on the PTO’s Board of Patent Appeals and Interferences were appointed in a manner that violates the Constitution’s appointments clause. If it is ruled so, the hundreds of decisions made by these judges in the last 8 years would be rendered null.
My guess is that, considering the clear case made for the unconstituionality of the appointmens on one hand, and the multitude of decisions worth billions of dollars that would need redone on the other hand, the Supreme Court will simply deny certiorari, and thus sidestep the issue.


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