Analysis

Fed. Circ. Backs Retroactive IPRs, But The Fight Isn't Over

Law360 (July 30, 2019, 9:30 PM EDT) -- The Federal Circuit ruled Tuesday that it is constitutional for patents issued before the America Invents Act became law to be challenged in inter partes reviews, likely teeing up a U.S. Supreme Court appeal while inviting constitutional questions about other AIA processes.

The appeals court rejected an argument by Celgene Corp., whose cancer drug patents were invalidated in a challenge by hedge fund manager Kyle Bass, that applying AIA procedures to patents that predate the law is a taking of property for public use without just compensation, in violation of the U.S. Constitution's Fifth Amendment.

While Celgene said using the inter partes...

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