Posts Tagged: public rights


Law Professors File Briefs with the Supreme Court in Oil States

A review of amici briefs filed with the U.S. Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC provides evidence of …
By Steve Brachmann
18 days ago 5

AIA and PTAB Unconstitutional Under the Public Rights Doctrine

Only Article III courts can provide a fair, neutral and unbiased forum for assessment of patent validity. For over two hundred years, patent validity, patent infringement and …
By Neal Solomon
2 months ago 24

Private Rights and the Sanctity of an Independent Judiciary

There appears to be a consistent pattern of public rights cases from Murray’s Lessee to Stern. Congress may establish a public right, separate from actions that …
By Neal Solomon
2 months ago 3

The Modern Public Rights Doctrine

The modern public rights jurisprudence flows from Atlas Roofing in 1977 to Stern in 2011. Although the case law does not provide a straight line, there is a consistent …
By Neal Solomon
2 months ago 38

The Classical Public Rights Doctrine: Growth of the Administrative State

The Crowell Court distinguishes between matters of common law adjudicated in the federal courts and matters that may be reviewed in administrative agencies. However, the Court is …
By Neal Solomon
2 months ago 1

SCOTUS asked to consider constitutional challenge to post grant patent proceedings

The question presented in the petition for certiorari in Cooper v. Lee is whether 35 U.S.C. §318(b) violates Article III of the United States Constitution, to …
By Robert P. Greenspoon
2 years ago 14