Law professors recently filed an amicus brief in support of the Celgene’s petition for writ of certiorari to take up Celgene Corp v. Peter on appeal from the U.S. Court of Appeals for the Federal Circuit (CAFC). In Celgene the CAFC addressed the applicability of the Takings Clause of the Fifth Amendment to inter partes reviews (IPRs), holding “that the retroactive application of inter partes review (IPR) proceedings to pre-America Invents Act (AIA) patents is not an unconstitutional taking under the Fifth Amendment.”
Recent Posts
- CAFC Gives Centripetal Another Shot at PTAB in Case Tied to APJ’s Alleged Bias
- Undermining Innovation: The Consequences of Closing the Rocky Mountain Regional USPTO Office
- Does the 2025 Version of PERA Indirectly Sanction Judicially Created, Non-Statutory ODP?
- Squires Takes Over All IPR Institution Decisions in Memo to PTAB Judges
- Other Barks & Bites for Friday, October 17: CAFC Finds Prosecution Disclaimer in Examiner Acceptance of Patentee’s Scope; Japan Urges Opt-In Copyright Model for Sora 2; and Seventh Circuit Clarifies Evidence Required for Sound Recording Copyright Claims