PTAB Roundup

CAFC: Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the 5th Amendment. In affirming the Board’s unpatentability decisions, the Federal Circuit found that this case presented “exceptional circumstances in which [its] discretion is appropriately exercised to hear [Appellant’s] constitutional challenge even though it was not raised below.” The Court held that a successful IPR of …

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