AIA Reviews Are Constitutional, USPTO Tells Fed. Circ.

By Kelly Knaub

Law360, New York (March 25, 2015, 4:31 PM ET) -- The U.S. Patent and Trademark Office has sided with Hewlett-Packard Co. in a suit lobbed against it by a company claiming HP cannot challenge its patent because all AIA reviews are unconstitutional, telling the Federal Circuit that the company's claim is "entirely without merit."

MCM Portfolio LLC told the Federal Circuit in January that all America Invents Act reviews are unconstitutional because they deprive patent owners of their right to a jury trial; however, the USPTO on Monday shot back that MCM’s argument is foreclosed by...