Patent Owners Face Long Odds In AIA Review Takings Case
Associate Dustin Weeks is quoted in a Law360 story titled, “Patent Owners Face Long Odds In AIA Review Takings Case.” The story discusses the obstacles for patent owners seeking compensation on constitutional grounds for claims canceled in America Invents Act reviews. Those with patents issued after 2011 face greater challenges. Weeks is quoted specifically about the possibility of future constitutionality challenges on due process grounds, saying, "I don't think any due process challenge could be applied to AIAs as a whole. It would have to be specific to some action that occurred during a particular post-grant proceeding."