Monday, October 24, 2011

Leahy-Smith AIA's Retroactive Abrogation of False Marking Claims Lacking Competitive Injury Is Not Unconstitutional

In granting plaintiff's motion for summary judgment on defendant's false marking counterclaim, the court rejected defendant's constitutional challenges to the America Invents Act. "Congress’ intent that the AIA apply retroactively is clear on the face of the amendment and Congress enacted the AIA for a legitimate purpose. Therefore, [defendant's] due process challenge to the AIA fails. . . . There is no showing of a public use associated with [defendant's] assertion that AIA destroyed its false marking claim, or that [defendant] would prevail on its false marking claim. Accordingly, the Court denies [defendant's] Takings Clause challenge to AIA."

Seirus Innovative Accessories, Inc. v. Cabela's, Inc., 3-09-cv-00102 (CASD October 19, 2011, Order) (Huff, J.)

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