According to Law Professor John Duffy thousands of patent decisions handed down over the past eight years may be invalid. Wow.
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. ...[The] Justice Department has already all but conceded that Professor Duffy is right. Given the opportunity to dispute him in a December appeals court filing, government lawyers said only that they were at work on a legislative solution.
Read rest here.
[Thanks Paul!]
Update: I just noticed that the WSJ law blog and I have identical headlines for this story. Blah. And me thought so clever. Me wrong.