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.”
Patent
- Enablement
- Fee Shifting
- Litigation
- Tillis to Garland/ Kanter: Pursuit of New Draft Policy on SEPs Shows a ‘Failure of innovation Leadership’
- Knowledge Ecology International’s New March-In Petition is Déjà vu All Over Again – With One Twist
- Property Rights Groups Urge Garland and Kanter to Withdraw ‘Misguided’ Policy Statement on SEPs Subject to FRAND
- CAFC Nixes District Court Claim Construction in Win for Firearms Patent Owner
- Tips for Litigating Multiple Simultaneous Patent Infringement Investigations at the ITC
Recent Posts
- Tillis to Garland/ Kanter: Pursuit of New Draft Policy on SEPs Shows a ‘Failure of innovation Leadership’
- Knowledge Ecology International’s New March-In Petition is Déjà vu All Over Again – With One Twist
- Property Rights Groups Urge Garland and Kanter to Withdraw ‘Misguided’ Policy Statement on SEPs Subject to FRAND
- CAFC Nixes District Court Claim Construction in Win for Firearms Patent Owner
- Tips for Litigating Multiple Simultaneous Patent Infringement Investigations at the ITC