On Thursday, a panel of the Federal Circuit found that PTAB judges have to date been unconstitutional appointments.  The panel thinks that it has cured that issue going forward by severing a portion of Title 35 that allows for removal of PTAB judges only for cause.  But the decision’s proposed remedy for cases on appeal having Final Written Decisions issued by unconstitutional panels is remand to a new panel with a new oral hearing.  It is estimated that there are about 160 PTAB Final Written Decisions currently on appeal.

We will continue to monitor developments and report.

The following two tabs change content below.
Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Matt consults on nearly every one of Jones Day's over 290 PTAB cases to date. He currently serves as co-chair of Jones Day's PTAB practice.