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United States Patent and Trademark Office › Takings Clause

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
McDermott Will & Emery

It’s a Taking: Copyright Deposit Requirement Violates Fifth Amendment

McDermott Will & Emery on

Addressing the issue for the first time, the US Court of Appeals for the District of Columbia found that the Copyright Act of 1976’s requirement to deposit two copies of a work with the Library of Congress within three months...more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review - Patents

McDermott Will & Emery on

2019 was another milestone year in intellectual property law that resulted in hundreds of decisions by the courts and Patent Trial and Appeal Board (PTAB) that will affect your company’s litigation, patent prosecution or...more

Foley & Lardner LLP

Federal Circuit Demotes Unconstitutionally Appointed PTAB Judges

Foley & Lardner LLP on

With the Supreme Court in Oil States v. Greene’s Energy holding IPRs constitutional under Article III, and the Federal Circuit in Celgene v. Peter holding the retroactive use of IPRs against pre-AIA patents not to be an...more

McDermott Will & Emery

Retroactive Application of IPRs to Pre-AIA Patents is not Unconstitutional Taking

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit addressed for the first time whether the retroactive application of inter partes review (IPR) proceedings to pre-America Invents Act (AIA) patents is an unconstitutional taking...more

Knobbe Martens

IPRs of Pre-AIA Patents Are Not Unconstitutional Takings

Knobbe Martens on

CELGENE CORPORATION v. PETER - Before Prost, Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking...more

Fish & Richardson

Class Action Suit Argues that IPR is an Unconstitutional Taking

Fish & Richardson on

In declaring that the inter partes review (IPR) process did not violate Article III and the Seventh Amendment, Justice Thomas’ majority opinion in Oil States emphasized the narrowness of its holding, stating expressly that...more

Farella Braun + Martel LLP

Supreme Court Upholds Constitutionality of Inter Partes Review of Issued Patents

Farella Braun + Martel LLP on

In 2012, Congress created a new procedure that allows the U.S. Patent and Trademark Office to conduct a litigation-like procedure to review and potentially cancel patents. This procedure - inter partes review (“IPR”) - has...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - May 2018

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The PTAB Strategies and Insights newsletter is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month, we are please to introduce our new...more

Bradley Arant Boult Cummings LLP

Supreme Court Affirms Constitutionality of Inter Partes Review

Bradley Arant Boult Cummings LLP on

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Supreme Court rejected constitutional challenges to the America Invents Act’s inter partes review process. The court held that inter partes review (IPR)...more

Dorsey & Whitney LLP

The Supreme Court - April 24, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions today: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712: The Leahy-Smith America Invents Act, 35 U.S.C. §100 et seq., went into effect...more

Goodwin

SCOTUS Issues Key IPR Decisions

Goodwin on

This morning, the United States Supreme Court issued two key decisions concerning the fundamental authority of the United States Patent and Trademark Office (USPTO) to institute inter partes review (IPR) proceedings. ...more

Mintz - Trademark & Copyright Viewpoints

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

Mintz - Trademark & Copyright Viewpoints on

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

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