This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Chief Justice Roberts, one of the issues raised is whether changing the composition of the adjudicatory body during the proceeding complies with due‑process requirements.
Background and question before the Court
Justice Gorsuch asked whether the case involves a private right: “Why not … just simply say the question is whether there's a private right involved?”
According to Chief Justice Roberts, chief Justice Roberts questioned due‑process compliance: “Does it comport to due process to change the composition of the adjudicatory body halfway through the proceeding?”
According to Justice BREYER, justice Breyer raised a constitutional concern: “I guess that would be unconstitutional, too?”
What each side argues
Party Positions
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Allyson N. Ho argued that the PTO is not precluded from error correction, but it cannot do so through adjudication; ex parte reexaminations are permissible.
According to Ms. Ho, ms. Ho asserted that the case involves a private right, citing precedent from Horne.
According to Ms. Ho, ms. Ho noted that the Privy Council last revoked a patent in 1779.
According to Mr. Kise, mr. Kise suggested that the “panel packing” cited by the petitioner has occurred only once or twice, if at all.
According to Mr. Stewart, mr. Stewart also compared the issue to public‑employee tenure, noting that a guaranteed right to only be fired for cause creates a property right in the job.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- c1103e819ae7be677934-r1-f53ef8517b11ce31.pdforal argument transcript
Guide generated September 26, 2026. Automated validation accepted this version.