I created a “Hot Bench” category to identify oral arguments that I post that had a particularly “hot bench.”  The en banc oral argument in the In Re Aqua Products case was a particularly hot bench for the PTO.  The questioning showed little love for the PTO’s arguments.

That got me to thinking about all the valuable patents that have been invalidated by the PTO due to the PTO’s refusal to accept some amendments during IPR’s.  I know very little about “takings” law; but, I wonder if there is a cause of action for administrative taking of a patent right by the federal government due to improper application or improper promulgation of a rule that results in loss of a patent right?

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