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U.S. Supreme Court,
Intellectual Property

Jul. 9, 2020

Supreme Court denies review of Federal Circuit holding that inter partes review does not violate takings clause

The U.S. Supreme Court recently denied petitions for certiorari from U.S. Court of Appeals for the Federal Circuit decisions affirming the Patent Trial and Appeal Board’s cancellation of patents issued before the effective date of the America Invents Act using administrative inter partes review proceedings first authorized by the AIA.

Charan Brahma

Partner
Troutman Sanders

Email: charanjit.brahma@troutman.com

Charanis a trial lawyer who focuses on patent litigation and other intellectual property matters, primarily for pharmaceutical and technology clients. He also advises clients on IP portfolio development, prosecutes high-value patents on various technologies, and evaluate key assets in IP-focused transactions.

Craig Crockett

Associate
Trouman Sanders

Email: craig.crockett@troutman.com

Craig focuses on intellectual property litigation, with an emphasis on patent matters representing both patentees and accused infringers across wide-ranging technologies.

The U.S. Supreme Court recently denied petitions for certiorari from U.S. Court of Appeals for the Federal Circuit decisions affirming the Patent Trial and Appeal Board's cancellation of patents issued before the effective date of the America Invents Act using administrative inter partes review proceedings first authorized by the AIA. It is unlikely that the Supreme Court is waiting for a different fact pattern to address this constitutional issue, which is raised by ...

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