Are Administrative Patent Judges Unconstitutional?

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2 Responses

  1. Samir Chopra says:

    Daniel, would you or anyone else at Concurring Opinions care to offer some speculation on what the impact of Professor Duffy’s paper might be? What are we looking at: Wholesale invalidation of patent court rulings? The overturning of appointments? Or will there be some less-disruptive outcome to this situation?

  2. lawyer says:

    Some people are misunderstanding some of the issues. First, it’s not “the entire field” that’s at issue. Those judges aren’t the ones who do Article III patent litigation cases. Second, the key section of the Freytag opinion upon which the argument is based can be read not only as dicta but also as dicta that the current court is unlikey to adopt.