By Jan Wolfe
WASHINGTON (Reuters) – 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.
The tribunal, created by Congress in 2011, is an administrative court run by the U.S. Patent and Trademark Office and it takes a second look at patents issued by the agency and often cancels …
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