News Source: Legal Times
"The decision of a patent appeals board to deny a patent for an exotic fruit juice will stand for now, at least, even though two of the judges on the panel were unconstitutionally appointed, the U.S. Court of Appeals for the Federal Circuit ruled this week.A three-judge panel voted unanimously to dismiss the fruit juice maker's challenge, saying the company, DBC, had failed to timely raise its constitutional argument regarding the composition of the Board of Patent Appeals and Interferences. The argument was brought up after the deadline for briefing.
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