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U.S. Patent Trademark Office. Photo: Diego M. Radzinschi/ALM

Now that the U.S. Court of Appeals for the Federal Circuit has declared the U.S. Patent and Trademark Office’s method of hiring administrative judges unconstitutional, the court has begun sending some patent validity challenges back to the Patent Trial and Appeal Board. But the PTO is urging the court to slow down.

The Federal Circuit on its own motion canceled an argument scheduled for Monday between Facebook Inc. and Uniloc 2017 LLC, in which Uniloc had raised the same Appointments Clause issue decided in Thursday’s Arthrex v. Smith & Nephew. As in Arthrex, the court remanded the dispute to the PTAB for a hearing before a new panel of judges.

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Scott Graham

Scott Graham focuses on intellectual property and the U.S. Court of Appeals for the Federal Circuit. He writes ALM's Skilled in the Art IP briefing. Contact him at [email protected]

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