CAFC: IPR Cancellation Is not a 5th Amendment Taking
By: Dennis Crouch
on August 25, 2020 at 3:13 am
Publication: Patent – Patently-O

CHRISTY, INC. v. US (Fed. Cir. 2020)

I’ll add more on this case. The holding is big, but expected. Cert petition to SCOTUS coming this fall:

Christy, Inc. asserts that the United States owes it just compensation for the Patent Trial and Appeal Board’s cancellation of claims 1–18 of Christy’s patent, U.S. Patent No. 7,082,640, in two inter partes reviews. Because the cancellation of a patent in an inter partes review does not grant the patentee any compensable claim against the United States, we affirm the Court of Federal Claims’s dismissal of the case for failure to state a claim.

Slip Op.


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