for-phone-onlyfor-tablet-portrait-upfor-tablet-landscape-upfor-desktop-upfor-wide-desktop-up

U.S. Supreme Court to hear challenge to influential patent court

WASHINGTON, Oct 13 (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.

Breakingviews

Reuters Breakingviews is the world's leading source of agenda-setting financial insight. As the Reuters brand for financial commentary, we dissect the big business and economic stories as they break around the world every day. A global team of about 30 correspondents in New York, London, Hong Kong and other major cities provides expert analysis in real time.


Sign up for a free trial of our full service at https://www.breakingviews.com/trial and follow us on Twitter @Breakingviews and at www.breakingviews.com. All opinions expressed are those of the authors.

for-phone-onlyfor-tablet-portrait-upfor-tablet-landscape-upfor-desktop-upfor-wide-desktop-up