BREAKING: AIA Patent Reviews Are Constitutional, Fed. Circ. Rules

By Matthew Bultman

Law360, New York (December 2, 2015, 10:35 AM ET) -- The Patent Trial and Appeals Board’s inter partes review process is constitutional, the Federal Circuit ruled Wednesday, rejecting an appeal from the owner of a now-invalid flash memory patent who sued Hewlett-Packard Co. for infringement.

The Federal Circuit has deemed America Invents Act reviews constitutional, rejecting an argument that the reviews deprive patent owners of the right to a jury trial on the validity of their patent. (Credit: Law360) Three judges on a panel for the appeals court ruled against MCM Portfolio LLC, which had argued...