After MCM, A Second Look: Article I Invalidation of Issued Patents for Intellectual Property Still Likely Unconstitutional After Stern v. Marshall

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Volume 18, Online Edition (May 2017)

Michael Rothwell previously published an article, Patents and Public Rights: The Questionable Constitutionality of Patents Before Article I Tribunals After Stern v. Marshall, in JOLT’s Volume 13, back in 2012. In response to a rebuttal piece, Michael Rothwell wrote this current piece to further discuss the relevant issues of the constitutionality of Article I post-grant review mechanisms.

Michael I. Rothwell, After MCM, A Second Look: Article I Invalidation of Issued Patents for Intellectual Property Still Likely Unconstitutional After Stern v. Marshall, 18 N.C.J.L. & Tech. On. 1 (2017), http://ncjolt.org/wp-content/uploads/2017/05/Rothwell_Final2-copy.pdf.

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