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...

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