Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report includes a New York Times article highlighting the Federal Circuit’s holding last Thursday that the appointment of the Patent Trial and Appeal Board’s judges is unconstitutional, a comment by the Brookings Institution on the Moda Health Plan, Inc. v. United States case pending before the Supreme Court, and a report by Bloomberg News on the Federal Circuit’s affirming of a trial court decision tossing a $2.5 billion verdict against Gilead Sciences Inc. in a patent case.
Late Breaking Opinion – Secretary of Commerce’s Appointment of PTAB Judges Violates the Constitution
While the Federal Circuit did not issue any opinions this morning, this afternoon (after the time the court typically issues opinions) it issued an important precedential opinion in a patent case, Arthrex, Inc. v. Smith & Nephew, Inc. In this case Arthrex argued that the the Secretary of Commerce’s appointment of Administrative Patent Judges to the Patent Trial and Appeal Board violates the Appointments Clause of the U.S. Constitution. The Federal Circuit agreed. The court, however, also noted the limited nature of its holding and the limited remedy its holding required.
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a discussion of an oral argument addressing the constitutionality of the appointment of the judges of the Patent Trial and Appeal Board, an article on the Federal Circuit’s rejection of a challenge by Google to a patent related to encoding audio signals, and a note on a recent petition for en banc rehearing.