The U.S. Patent and Trademark Office may have a major problem on its hands � the possibly unconstitutional appointment of nearly two-thirds of its patent appeals judges. Such a constitutional flaw, if legitimate, could call into question the hundreds of decisions worth billions of dollars in the past eight years. The flaw, discovered by highly regarded intellectual property scholar John Duffy, could also afflict the appointment of nearly half of the agency's trademark appeals judges.
April 28, 2008 at 12:00 AM
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