Bill Cosby quipped 'I brought you in this world, and I can take you out.' The Patent Office makes similar arguments in court defending inter partes review. In a filing by the United States Patent and Trademark Office on June 26, 2015, in my clients’ case asserting the unconstitutionality of inter partes review, the Patent Office writes: “Because Congress may authorize the PTO to issue patents in the first instance, Congress may equally authorize the PTO to reconsider its patentability decisions...
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