Court of Federal Claims: Patents Are "Public Franchises, Not Private Property", PTAB Litigation Blog

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Since April 2018 when the U.S. Supreme Court handed down its Oil States decision, patent owners have made various arguments addressing issues that were not resolved in that case. One such example is Christy, Inc. v. United States, Case No. 1:18-cv-00657 (Ct. Cl.), a proposed class action brought in the U.S. Court of Federal Claims just a month after Oil States was handed down. There, Christy argued that the Patent Trial and Appeal Board’s (“PTAB”) invalidation of patent claims in a final written decision following an inter partes review constituted inter alia an unlawful taking without just compensation in violation of the Takings Clause of the U.S. Constitution.

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