Supreme Court Refuses to Consider Constitutionality of IPR Review
In denying certiorari on Tuesday, October 11, 2016, the Supreme Court let stand the constitutionality of inter partes review. In MCM Portfolio LLC v. Hewlett-Packard Co., 812 F. 3d 1284 (Fed. Cir. 2015), the Federal Circuit found that the AIA's provision for inter partes review did not violate the Article III constitutional requirements for trial by jury. The Supreme Court's denial of cert leaves this decision as binding precedent.