The U.S. government on Tuesday clarified how it wants the Supreme Court to address the constitutionality of Patent Trial and Appeal Board judges, saying dozens of cases should be put on hold if the justices agree to hear Athrex v. Smith & Nephew.
The U.S. Solicitor General’s Office filed a single petition urging the high court to rule against patent owners in dozens of pending cases who claim PTAB judges are unconstitutionally appointed.
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