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IP Litigator Examines Federal Circuit Ruling on Constitutionality of Patents Issued Before the America Invents Act

Practices: Intellectual Property, Intellectual Property Litigation, Litigation, Patent Trial & Appeal Board (PTAB) Proceedings, Patent Strategy, Administrative Litigation, Appellate & Supreme Court, Life Sciences

Capital Insights.

The Federal Circuit ruled, in Celgene Corp. v. Peter, that the cancellation of patents in inter partes reviews created in the 2011 America Invents Act are not unconstitutional “takings” of property under the 5th Amendment, even when the patents issued prior to the creation of these proceedings.

IP litigation partner Matt Rizzolo (Washington, D.C.) was quoted in articles published July 30 on the decision in The National Law Journal, Law360 and Life Sciences Intellectual Property Review.

Mr. Rizzolo explains that this was the first time that the Federal Circuit has substantively addressed the interplay between AIA proceedings and the Fifth Amendment’s Takings Clause.

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