The AIA Is Not a Taking

I have just published, along with Ben Picozzi, a response to Greg Dolin and Irina Manta's article, Taking Patents. In the response we refute Dolin and Manta's argument that the America Invents Act effectuated a compensable "taking" under the Fifth Amendment by making it easier to invalidate patents in administrative proceedings. The response is particularly timely in light of the Supreme Court's upcoming decision in Cuozzo regarding the propriety of interpreting claims using the "broadest reasonable construction" standard in inter partes review proceedings, and whether the PTAB's decision to institute an IPR must be judicially reviewable. The response is available here: http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1041&context=wlulr-online