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.
Stay Up To Date with Ropes & Gray
Ropes & Gray attorneys provide timely analysis on legal developments, court decisions and changes in legislation and regulations.
Stay in the loop with all things Ropes & Gray, and find out more about our people, culture, initiatives and everything that’s happening.
We regularly notify our clients and contacts of significant legal developments, news, webinars and teleconferences that affect their industries.