A lawsuit filed against the USPTO by the eCharge corporation seeking a declaration that parts of the America Invents Act are unconstitutional has stalled. Specifically, eCharge claimed that the inter partes review process unconstitutionally denied them their right to have their patent claims adjudicated by an article III (non-administrative) court. The judge found that eCharge could not bring suit until it had exhausted its administrative remedies at the USPTO (specifically, until after the IPR process was complete) and granted summary judgment to the USPTO. However, because of how this case was resolved, other parties are likely to file their own constitutional challenges, potentially threatening part or all of the AIA.
source: Maier & Maier, PLLC
345 South Patrick Street
Alexandria, VA 22314
www.maierandmaier.com
