Analysis

Patent Owners Face Long Odds In AIA Review Takings Case

Law360 (May 25, 2018, 8:53 PM EDT) -- Patent owners seeking compensation on constitutional grounds for claims canceled in America Invents Act reviews face an uphill battle, legal experts say, with those whose patents were issued after 2011 appearing to face an especially difficult road to recovery.

Oklahoma company Christy Inc. this month filed a proposed class action against the U.S. government, arguing the cancellation of patent claims in AIA reviews represents an unconstitutional taking of property rights.

The lawsuit estimates potential damages for the proposed class, which would include anyone who has had claims in a patent invalidated in an AIA review, of at least $100 million and...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!