[Swordmaker]

I should have mentioned that the section at issue is Amendment VII rather than Article I Section 8. Amendment VII grants the courts their supremacy, it’s more about who gets to make the decisions rather than a patent issue per se. The Supremes struck down a similar agency encroaching on the court’s prerogative so it will be a surprise if they don’t slap down the PTAB as well. Although predicting court behavior is a risky business.

I completely disagree that the Seventh Amendment grants any court "supremacy." The Bill of Rights is about the People's Rights, not any courts' supremacy. The Seventh Amendment is about protecting the people from being harassed by repeated suits. The courts are the creatures of Congress, not the other way around. Only the US Supreme Court is not.

[Pelham]

“I completely disagree that the Seventh Amendment grants any court “supremacy.””

But I believe that you’ll find that SCOTUS does in the Stern v Marshall ruling. The bankruptcy courts were a creation of Congress and not Article 3 courts. The Supremes saw bankruptcy courts as usurping Constitutional authority granted only to Article 3 courts. In the decisions now before the court the PTAB is an agency acting in similar disregard to the rulings of Article 3 courts. If SCOTUS rules consistently with Stern v Marshall then PTAB review affecting Article 3 decisions should be curtailed. But then it’s risky to bet on what a court will do. The decision in a couple of these cases should be released soon.