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ARTICLE · 15 DECEMBER 2015

Inter Partes Review Passes Constitutional Muster

Dentons
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Last week, the US Court of Appeals for the Federal Circuit held that a final written decision from the Patent Trial and Appeal Board does not violate Article III or the Seventh Amendment of the US Constitution.

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Kevin Greenleaf
Kevin Greenleaf
Michael O'Neill
Michael O'Neill
Carl Bretscher
Carl Bretscher
Lissi Mojica
Lissi Mojica
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Last week, the US Court of Appeals for the Federal Circuit (Federal Circuit) held that a final written decision from the Patent Trial and Appeal Board (Board) does not violate Article III or the Seventh Amendment of the US Constitution. Additionally, the Federal Circuit confirmed once again that it lacks jurisdiction to review inter partes review institution decisions. MCM Portfolio LLC v. Hewlett-Packard Company, Appeal No. 2015-1091 (Dec. 2, 2015). This decision affirms that companies may continue to challenge effectively patents using the post-grant proceedings under the America Invents Act (AIA), such as inter partes review (IPR), post-grant review (PGR) and transitional covered business method review (CBM).

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