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

May 6, 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.