Supreme Court Questions Power of Patent ‘Death Squad’
- Conservative justices indicate they see constitutional problem
- Court could let patent office director overturn panel rulings
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U.S. Supreme Court justices indicated they might curb the power of the board that has invalidated more 2,000 patents, hearing a constitutional clash being closely watched by the nation’s technology companies.
In a 90-minute telephone argument, members of the court’s conservative wing suggested they thought Congress violated the Constitution when it gave the Patent Trial and Appeal Board the authority to invalidate patents without direct review by a presidentially appointed official. Critics have dubbed the board, created through a 2011 law, a “death squad” because of its tendency to toss out patents.