May 23, 2022

Volume XII, Number 143

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May 20, 2022

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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.

© Copyright 2022 Armstrong Teasdale LLP. All rights reserved National Law Review, Volume VI, Number 286
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About this Author

Jennifer E. Hoekel, Intellectual Property Attorney, Armstrong Teasdale law firm
Partner

A member of the firm’s Intellectual Property Litigation practice group and a registered U.S. patent attorney, Jennifer Hoekel focuses on patent litigation.

Finding her general litigation background to be an asset in this practice area, she has litigated patents, trademarks, copyrights, trade secrets, unfair competition and license acquisition matters, in state, federal and appellate courts throughout the U.S. Her cases involve mechanical, electrical, chemical and business method patents in such varied subject matter as cholesterol inhibiting substances, highway roadside safety...

314-342-4162
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