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The US Supreme Court has thrown out three requests to challenge the constitutionality of inter partes review. Aziz Burgy of Axinn reports.
On June 22, 2020, the US Supreme Court denied certiorari for three petitions seeking to render the inter partes review (IPR) of patents issued before the America Invents Act (AIA) as unconstitutional.
The cases were Celgene v Peter, 931 F.3d 1342 (Fed. Cir. 2019); Collabo Innovations v Sony, 778 Fed. App’x 954 (Fed. Cir. 2019); Enzo Life Scis v Becton, Dickinson & Co, 780 Fed. App’x 903 (Fed. Cir. 2019).
The US Court of Appeals for the Federal Circuit had rejected petitioners’ arguments in the underlying cases that there was a violation of either the Due Process or the Takings Clauses of the Fifth Amendment by retroactively applying IPRs to pre-AIA patents.
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IPR, inter partes review, Fifth Amendment, US Patent Trial and Appeal Board, PTAB, USPTO, US Supreme Court, Arthrex, Celgene, Federal Circuit