Publication

MCM Portfolio v. HP - Brief of 13 Law Professors

5/27/2016

The decision by the Court of Appeals for the Federal Circuit directly contradicts this Court’s longstanding case law that secures constitutional protections in vested private property rights. The petitioner fully addresses the specific legal and constitutional issues arising from the creation and operation of inter partes review before the Patent Trial and Appeal Board (“PTAB”), and thus Amici offer an additional reason that this Court should grant petitioner’s writ of certiorari: The Federal Circuit should be reversed to correct its mistaken legal claim that patents are public rights that exist solely at the administrative prerogative of the sovereign. To the contrary, this Court has long recognized and secured the constitutional protection of patents as private property rights reaching back to the early American Republic.

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