IPR is unconstitutional - 4th district appeal case

Good article on IP watchdog from attorney representing patent owner subject to IPR proceeding. Article explains patent owner's view of US executive branch position on PTO running the IPR proceedings. Argument is once the interior secretary signs a patent it is a private property right and taking of private property is not a power of the executive branch, rather it is a power only of the judicial branch.

The article:

I found the amicus brief filed by Affinity Labs to be an especially compelling and clear explanation of the challenge that the IPR process is unconstitutional. Gives plenty of arguments about public and private rights and how they are treated differently by the courts. Basic argument is the PTAB is running an abbreviated court trial where the PTO is not a party to the process. The two parties are the patent challenger and the patent owner. The IPR is a challenge to the private property of one party by the other. That is only resolvable by the judicial branch.

The amicus brief:

http://www.ipwatchdog.com/wp-content/uploads/2015/07/Amicus-Affinity-Labs.pdf