Adam Liptak, The New York Times; Supreme Court Upholds Procedure That’s Said to Combat ‘Patent Trolls’
"The Supreme Court on Tuesday upheld the constitutionality of a procedure that makes it easier to challenge questionable patents.
The procedure, created by Congress in 2011, resembles a trial in federal court, but is conducted by an executive-branch agency. Supporters say it helps combat “patent trolls,” or companies that obtain patents not to use them but to demand royalties and sue for damages.
Opponents say the procedure violates the Constitution by usurping the role of the federal courts, violating the separation of powers and denying patent holders the right to a jury trial.
By a 7-to-2 vote, the Supreme Court ruled that the procedure was a permissible way for the agency that administers patents to fix its mistakes."
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