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« USPTO Proposes Revisions to Materiality Standard | Main | Does President Trump Provide an Opportunity for Patent-friendly Policies? »

November 15, 2016


Hey Michael,

Nice summary of BIO's amicus brief. In re Aqua is further proof that the provisions on IPRs were poorly thought out and drafted by Congress. That SCOTUS refused to take up the petitions in MCM Portfolio and Cooper that raise serious issues about the constitutionally of a non-Article III tribunal in an IPR proceeding determining the validity of a property right, which a patent clearly is by statute and history, is a mind-boggling denial of "due process."


It was not "convenient" nor aligned with the desired Ends of the Court to address such things.

Hey Skeptical,

How true (and how unfortunate) that SCOTUS views "due process" as fungible.

Look what they did with the Spider-Man web shooter case. Paraphrasing: it was wrong but we don't feel like changing it.

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