The U.S. Court of Appeals for the Federal Circuit has tied up one of the loose threads left hanging from the Supreme Court’s 2018 Oil States decision on the constitutionality of the America Invents Act.
Chief Judge Sharon Prost of the U.S. Court of Appeals for the Federal Circuit wrote for a unanimous panel that the cancellation of a patent in an AIA proceeding known as inter partes review is not an unconstitutional taking under the Fifth Amendment, even if the patent was issued prior to the AIA’s passage in 2011.
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