January 30, 2019 / 10:44 PM / 6 months ago

U.S. judge tosses constitutional challenge to PTAB

A federal judge in Washington D.C. on Tuesday dismissed a lawsuit alleging the Patent Trial and Appeal Board is unconstitutional because it takes private property for public use without paying just compensation.

In throwing out the lawsuit by Christy Inc, a small tool company in Oklahoma, Chief Judge Margaret Sweeney of the U.S. Court of Federal Claims said patents are not property rights for purposes of the Constitution’s takings clause.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2Bdtsfh

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