Split Fed. Circ. Won't Eye Constitutionality Of AIA Reviews

Law360, New York (May 11, 2017, 5:42 PM EDT) -- The Federal Circuit on Thursday declined to consider en banc whether America Invents Act reviews are unconstitutional because they allow an executive branch agency, rather than the courts, to invalidate patents, though some judges said the full court should have addressed the issue.

By a vote of 10-2, the Federal Circuit denied a February petition by Cascades Projection LLC asking the full court to examine if the AIA violates the separations of powers under the U.S. Constitution by giving the Patent Trial and Appeal Board the authority to find patents invalid.

Cascades, which had several claims of its LCD patent invalidated...

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!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!