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UPenn Trustees Call Inter Partes Reviews Unconstitutional !

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vic

posted on Jun 09, 2016 10:11AM

UPenn Trustees Call Inter Partes Reviews Unconstitutional

By Matthew Bultman

Law360, New York (June 8, 2016, 4:40 PM ET) -- University of Pennsylvania trustees told the Patent Trial and Appeal Board on Tuesday its inter partes review process is unconstitutional, taking aim at the system hedge fund manager Kyle Bass is using to challenge two of its patents related to the cholesterol drug Juxtapid.

UPenn argued the process violates the Constitution because it vests judicial power outside a federal court established by Article III of the Constitution. It also said the system violates the Seventh Amendment right to a jury trial, and the Constitution’s appointments clause....

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