The U.S. Supreme Court on Tuesday agreed to decide whether more than 100 technology disputes must be reheard because judges were unconstitutionally appointed to a U.S. Patent and Trademark Office tribunal in a case arising from a medical device patent challenge. The justices said they would review a 2019 lower court decision that found a "constitutional defect" in how Patent Trial and Appeal Board judges are appointed. The tribunal, created by Congress in 2011, is an administrative court run by the U.S. Patent and Trademark Office and it takes a second look at patents issued by the agency and often cancels them, much to the dismay of some inventors.
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