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...
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!