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Old 05-05-08, 09:02 PM   #1
JackSpratts
 
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Join Date: May 2001
Location: New England
Posts: 9,987
Exclamation Breaking: Questions on Validity of 46 Patent Judges

John F. Duffy...has discovered a constitutional flaw in the appointment process over the last eight years for judges who decide patent appeals and disputes, and his short paper documenting the problem seems poised to undo thousands of patent decisions concerning claims worth billions of dollars.

His basic point does not appear to be in dispute. Since 2000, patent judges have been appointed by a government official without the constitutional power to do so.

Adam Liptak

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