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Federal Circuit dismisses constitutional challenges to IPR process

Peter Leung, Washington DC


The Federal Circuit has rejected arguments that inter partes review proceedings violate Article III and the Seventh Amendment of the Constitution, and again held that decisions to institute are not reviewable

MCM v HP Patent drawingThe MCM Portfolio v Hewlett-Packard decision released yesterday is just the latest in a line of cases from the Federal Circuit affirming and clarifying the authority of the IPAB.

The case involves an IPR instituted by Hewlett-Packard (HP) against MCM's...


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