Class action complaint filed against USPTO

Heninger Garrison Davis, LLC said attorneys from its class action and intellectual property group filed a class action complaint “against the United States and the United States Patent and Trademark Office (USPTO) for damages to Christy, Inc. and a class of other patent holders whose property was taken by the USPTO without compensation in violation of the Fifth Amendment of the Constitution.”

The law firm said: “This unlawful ‘taking’ occurred, according to the lawsuit, when the Patent Trial and Appeal Board (PTAB) invalidated claims pursuant to the post-grant proceedings created in the America Invents Act (AIA), including Inter Partes Review (IPR) and Post-Grant Review (PGR) proceedings (together, ‘post-grant proceedings’ or ‘PGPs’).

“These PGPs have been used by the USPTO to invalidate patents at an alarming rate, and Christy, Inc. and other patent holders seek just compensation for the taking of patent owners’ recognized patent property rights by the United States.

“More specifically, the lawsuit seeks money damages for the value of the patent claims, including any expected royalty and other payments for use of the patented technologies, the issuance and maintenance fees paid, and any investments made in the patented technologies.

“The case also seeks damages for the United States’ breach of contract for its failure to maintain in force the subject patent claims, including the recovery of attorney fees expended defending those same patents in PGPs.

“And because the United States contends these patents were issued ‘erroneously’ by the USPTO in the first place, Christy, Inc. contends all issue and maintenance fees paid were exacted by the government and should be returned.

“Any individual or entity that owns a patent for which one or more claims were invalidated in an IPR or PGR proceeding is eligible for the class action.

“If you would like to join this class action, please contact us to discuss your options.”