Supreme Court Asked To Rule AIA Reviews Unconstitutional

By Kevin Penton

Law360, New York (May 2, 2016, 4:30 PM ET) -- The owner of a flash memory patent urged the U.S. Supreme Court on Friday to take on its case against Hewlett-Packard Co. so the high court can rule on whether inter partes reviews are constitutional.

The reviews that were instituted by Congress in 2011’s America Invents Act violate the Seventh Amendment’s right to a jury trial for matters exceeding $20 and Article III’s requirement that disputes be adjudicated in courts, according to the petition for certiorari filed by MCM Portfolio LLC.

The company argued against assertions...