Jeff Lamken, a partner with MoloLamken, testifies before the Senate Judiciary Committee during the confirmation hearing of Judge Neil Gorsuch in 2017. (Photo: Diego Radzinschi/ALM)
The U.S. Supreme Court has agreed to decide whether the Department of Commerce properly appointed the 250-plus administrative patent judges of the USPTO’s Patent Trial and Appeal Board.
The case poses the second existential threat to the board at the Supreme Court since it was reconstituted by the 2011 America Invents Act.
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