Patents Aren't Property, Judge Says In Axing $100M AIA Suit

Law360 (January 29, 2019, 10:03 PM EST) -- A patent owner who challenged the constitutionality of claim cancellations in America Invents Act reviews lost a $100 million proposed class action Tuesday when a U.S. Court of Federal Claims judge tossed the case and said patents aren't property under the Fifth Amendment's takings clause.

Patent Trial and Appeal Board proceedings that result in the invalidation of patent claims don't violate the Fifth Amendment's prohibition against government taking property without fair compensation because "patents are neither contracts nor property for takings clause purposes," Federal Claims Judge Margaret Sweeney said Tuesday.

"While patent rights are indeed a form of property rights, patents...

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