Fed. Circ. Fortifies PTAB Against Constitutional Attacks

By Erin Coe (December 2, 2015, 10:57 PM EST) -- The Federal Circuit's rejection of an appeal contesting the constitutionality of the Patent Trial and Appeal Board's inter partes review process on Wednesday bolsters the administrative framework for challenging the validity of patents that was created by the America Invents Act and makes it tougher to derail the system going forward, attorneys say.

HP was sued for infringement by MCM Portfolio, which had argued that all America Invents Act reviews are unconstitutional because they deprive patent owners of the right to a jury trial on the validity of their patent, an argument the Federal Circuit rejected on Wednesday. (Credit: AP) MCM...

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