Patent Owner Brings Class Action against PTAB for “Taking” Their Patent under Breach of Contract Claim

In the wake of the Supreme Court upholding the constitutionality of AIA review in Oil States, Christy Inc. filed a class action in the Court of Federal Claims against the US accusing the PTAB of taking their patent rights under the Fifth Amendment taking clause and the due process clause. The proposed class in all patent owners who lost at the PTAB. The suit is based on breach of express/implied contract – the USPTO issues patents for a certain period of time in exchange for issue and maintenance fees.

This article appeared in the May 2018 issue of PTAB Strategies and Insights. To view our past issues, as well as other firm newsletters, please click here.