Daily Journal Article Explores Constitutional Challenge To Patent Trial and Appeal Board

The Daily Journal asked Ben Davidson to explain constitutional law questions raised in three petitions seeking review of a Federal Circuit decision regarding the constitutionally of PTAB panels that decide issues of patent validity. The Supreme Court agreed to review Arthrex Inc. v. Smith & Nephew, which held that all administrative patent judges (APJs) hired by the U.S. Patent & Trademark Office were improperly appointment under the Constitution’s appointments clause.  The petitioners argued that APJs are “Officers of the United States” and therefore should have been nominated by the president with the advice and consent of the Senate.  Justices to Weigh Validity of Administrative Patent Judge Hiring, Los Angeles Daily Journal, Oct. 10, 2020

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