Law Profs Urge Fed. Circ. To Take On AIA Constitutionality

Law360, New York (March 10, 2017, 1:50 PM EST) -- A group of 13 law professors and several inventors groups have filed amicus briefs urging the Federal Circuit to agree to an en banc hearing to determine if America Invents Act reviews are unconstitutional.

The professors, who teach and write on patent law, property law and constitutional law, argued in a Wednesday brief that a 2015 case known as MCM wrongly ruled that patents are public rights susceptible to review by an executive agency.

"Since the Antebellum era in the early 19th century, the Supreme Court and Circuit Courts repeatedly and consistently defined patents as constitutionally protected private rights — specifically,...

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