Justices Won’t Consider Whether CAFC’s Claim Construction Constitutes a Judicial Taking
IP Watchdog
NOVEMBER 20, 2023
The U.S. Supreme Court today denied a petition that asked it to consider whether the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) “construction of petitioner’s patent claim was unforeseeable and unjustifiable under the circuit’s prior decisions,” thereby constituting a judicial taking of property in violation of the Fifth Amendment’s Takings Clause.
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