By Kevin E. Noonan — Ever since institution of the post-grant review proceedings enacted under the Leahy-Smith America Invents Act were implemented by the U.S. Patent and Trademark Office (through the newly constituted Patent Trial and Appeal Board), parties (particularly patentees who lost patent rights thereby) have challenged the outcome on procedural, substantive, and constitutional grounds (see “Cuozzo Speed Technologies LLC v. Lee”; “SAS Institute Inc. v. Iancu; Return Mail, Inc. v. United States Postal Service”; “Thryv, Inc. v. Click-to-Call Technologies, LP “). The most recent (and legally creative) challenge is pending before the Supreme Court (see “U.S. Government Petitions…
