In CELGENE CORPORATION v. PETER, the Federal Circuit recently affirmed the PTAB’s decisions finding appealed claims obvious. However, more importantly, the Federal Circuit also held that the retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment. Regarding the constitutional issue of whether the retroactive application of IPRs… Continue Reading
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The Intellectual Property Law Blog provides counsel in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing and promotions and sweepstakes. The blog’s objective is to serve as a forum to discuss IP strategies that provide protection to a business’ or persons’ intangible assets.