Patent Owners Face Long Odds In AIA Review Takings Case

By Matthew Bultman (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...

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