Justices Told Patentees Deserve Fee Refund For PTAB Losses

By Adam Lidgett (January 27, 2021, 5:10 PM EST) -- A patent owner wants the U.S. Supreme Court to take up the company's challenge to a Federal Circuit ruling that it can't recoup fees and otherwise be compensated for patents invalidated by the Patent Trial and Appeal Board, arguing its property was unconstitutionally taken.

Christy Inc. petitioned the high court to look at an August decision in which the Federal Circuit said that the U.S. Court of Federal Claims rightly dismissed the company's $100 million proposed class action. Christy said in its Jan. 21 petition to the high court that the now-invalidated patent was company property, which made it subject to...

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