03Dec
2015
2015
The Jury Is No Longer Out…
The America Invents Act – major patent reform legislation which passed a few years ago – has its critics and its champions. One particularly popular aspect of the statute are the avenues it sets out to challenge issued patents before the PTO. In a recent opinion, the Federal Circuit confirmed the constitutionality of one of these options, inter partes review (“IPR”):
Because patent rights are public rights, and their validity susceptible to review by an administrative agency, the Seventh Amendment poses no barrier to agency adjudication without a jury.
Likely good news to anyone who would prefer a faster and cheaper alternative to validity challenges than the federal court system…
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