March 28, 2017
Patents and Public Rights: The Questionable Constitutionality of Patents Before Article I Tribunals After Stern v. Marshall
The Supreme Court’s recent Stern v. Marshall decision both rekindled and revived the oft-overlooked public rights exception. In light of this development, this Article seeks to argue that patents, where subject to final, binding decisions, are unconstitutionally before Article I tribunals. Such tribunals include, for example, the Bankruptcy Court, as well as the newly-created Patent Trial and Appeal Board.
Michael Rothwell, Patents and Public Rights: The Questionable Constitutionality of Patents Before Article I Tribunals After Stern v. Marshall, 13 N.C. J.L. & Tech. 287 (2012), available at http://ncjolt.org/wp-content/uploads/2016/09/14_13NCJLTech2872011-2012.pdf.
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