Patent Owner Calls IPR Process Unconstitutional At Fed. Circ.
Law360, Washington (September 11, 2015, 4:06 PM EDT) -- The owner of a now-invalid patent claiming the Patent Trial and Appeals Board’s inter partes review process is unconstitutional argued to a Federal Circuit panel Friday that patents are property rights that must be adjudicated in court rather than in administrative agencies.
MCM Portfolio LLC, which is suing Hewlett-Packard Co. for infringing its late flash memory patent, stressed to the panel that individuals whose property rights are challenged by a third party are entitled to a jury trial in a court established by Article III of the U.S. Constitution: a right neglected by the IPR process established by the America Invents...
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!