The U.S. Supreme Court on Tuesday agreed to decide whether more than 100 technology disputes must be reheard because judges were unconstitutionally appointed to a U.S. Patent and Trademark Office tribunal in a case arising from a medical device patent challenge.
The justices said they would review a 2019 lower court decision that found a"constitutional defect" in how Patent Trial and Appeal Board judges are appointed. That ruling came in an appeal by privately held Florida-based medical device company Arthrex of a patent tribunal three-judge panel's decision that invalidated part of one of its patents that had been challenged by British-based rival Smith & Nephew PLC.
Unlike U.S. District Courts, the tribunal has more than 200 judges who are government employees appointed by the U.S. commerce secretary rather than nominated by the president and confirmed by the Senate.
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