Whether the Supreme Court finds the Patent Trial and Appeal Board’s current structure to be unconstitutional may be down to a coin flip. Regardless of the outcome, it is likely that the inter partes review system will continue largely unchanged. Goodwin Intellectual Property Litigation partner Linnea Cipriano believes there is a way to save the PTAB system if APJs are found to be principal officers. Read the BioCentury article here.
In The Press March 05, 2021