New Top Ten No. (9a), Cooper v. Lee, Supreme Court No. 15-955, presents a serious Constitutional direct or implicit challenge to the several post-grant review procedures at the Patent Office, here, in the context of a direct challenge to Inter Partes Review.
The Mossoff Amicus Brief: Petitioner is represented by the Greenspan-Dhuey team that successful opened the door to en banc review of Cybor de novo claim construction. The team represents petitioner (Robert P. Greenspoon as lead counsel) and amicus Professor Adam Mossoff (Andrew J. Dhuey). The amicus effort cites the important scholarship of Adam Mossoff in his two important law review articles, Patents as Constitutional Private Property: The Historical Protection of Patents under the Takings Clause, 87 B. U. L. Rev. 689 (2007); and Exclusion and Exclusive Use in Patent Law, 22 Harv. J. L. & Tech. 321 (2009)).
Top Ten No. (9b) MCM Portfolio v. Hewlett-Packard: Through the accident of timing, the expected parallel Supreme Court challenge in MCM Portfolio LLC v. Hewlett-Packard Co.,opinion below, __ F.3d __ (Fed. Cir. Dec. 2, 2015)(Dyk, J.), is behind Cooper v. Lee and probably will not be considered for certiorari until after a certiorari decision in Cooper.
The two cases are reviewed in an updated Top Ten Patent cases, as attached.