US Gov't Hit With $100M Class Action Over AIA Reviews

Law360 (May 11, 2018, 8:53 PM EDT) -- The U.S. government has been hit with a $100 million lawsuit alleging the cancellation of patents in America Invents Act reviews represents an unconstitutional taking of property rights.

The proposed class action was filed in the Court of Federal Claims on Wednesday by Christy Inc., an Oklahoma company that had claims in its vacuum cleaner patent found invalid by the Patent Trial and Appeal Board following a challenge from Black & Decker (U.S.) Inc.

Christy argues this violates the takings clause of the Fifth Amendment, which states that private property cannot be taken for public use without fair compensation. It is...

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