Abstract
In Oil States Energy Services v. Greene’s Energy Group, the Supreme Court rejected a Constitutional challenge to the Inter Partes Review proceedings created in the 2011 America Invents Act (AIA), finding that these proceedings violate neither Article III nor the Seventh Amendment. But in doing so, the Supreme Court reiterated its longstanding view that patents are property rights which are protected by other Constitutional provisions—such as the Fifth Amendment’s Taking Clause or Due Process Clause. This article raises the question as to whether, in light of Oil States, patent owners who have had their patents canceled through certain AIA trial proceedings may have a viable claim for just compensation against the U.S. government under the Takings Clause.
Last Page
24
Recommended Citation
Matthew J. Rizzolo & Kathryn C. Thornton,
The Taking of Business Method Patents?,
25
Rich. J.L. & Tech
1
(2024).
Available at:
https://scholarship.richmond.edu/jolt/vol25/iss2/1