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
- Perspectives on the PTAB’s 70% All Claims Invalidation Rate
- Moratorium on State AI Regulation Scrapped in Senate Version of Trump’s ‘Big Beautiful Bill’
- Increasing Volume of Patent Deals Could Signal Bounce in Patent Marketplace | IPWatchdog Unleashed
- How the USPTO Could Make a Permanent After-Final Consideration Program Work
- Other Barks and Bites for Friday, June 27: EGC Says ‘NERO CHAMPAGNE’ Unduly Exploits Protected Designation of Origin; SCOTUS Seeks SG Views on Skinny Label Issues in Hikma; and a Big Week for Copyrights and AI