Today in Intellectual Ventures I LLC v. Symantec Corp., __ F.3d __, __(Fed. Cir. 2016)(Mayer, J., concurring), one member of the court took the unique view that grant of a patent to the innovation, here, would be a violation of the First Amendment.

The pdf version includes an excerpt from the concurring opinion and as an attachment the relevant portion of that opinion.