Smith+Nephew filed suit against Arthrex, which led to a panel of patent judges deeming Arthrex’s patents invalid. Arthrex appealed the decision to the United States Court of Appeals for the Federal Circuit, arguing the judges weren’t properly appointed and their decision should be tossed. The appeals court agreed with Arthrex.
The Supreme Court is now taking on the case and considering whether the appointment of 250 judges hearing patent disputes violates the constitution. The final decision could affect more than 100 cases vacated by the appeals court, according to The Times. The cases were initially ordered to be reheard by patent judges.
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