In Security People, Inc. v. Iancu, the Federal Circuit affirmed the dismissal of a patent owner’s Administrative Procedure Act (“APA”) suit challenging the constitutionality of the Patent Trial and Appeal Board (“PTAB”) canceling patent claims in an inter partes review (“IPR”) proceeding. The Federal Circuit explained that constitutional challenges to IPR proceedings can be raised in appeals to the Federal Circuit from the PTAB’s final written decisions and affirmed the district court’s dismissal for lack of jurisdiction. For additional details, please see the related post on Finnegan’s Federal Circuit IP Blog.
