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...

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