Does the retroactive application of inter partes review to a patent that issued before the passage of the Leahy-Smith America Invents Act, Pub. L. No. 11-29, 125 Stat. 284 (2011), violate the Takings Clause of the Fifth Amendment?

QUESTIONS PRESENTED When U.S. Patent No. 5,952,714 issued in September 1999, the Patent Act provided only two avenues for challenging the validity of the patent’s claims: ex parte reexamination and district court litigation. Shortly thereafter, Congress added a third method, inter partes reexamination, but deliberately chose to exclude older patents from the new proceeding. More than 10 years later, Congress replaced inter partes reexamination with a fundamentally different proceeding, inter partes review, and made it apply retroactively to all prior patents. The questions presented are as follows: 1. Does the retroactive application of inter partes review to a patent that issued before the passage of the Leahy—Smith America Invents Act, Pub. L. No. 11-29, 125 Stat. 284 (2011), violate the Takings Clause of the Fifth Amendment? 2. Does the retroactive application of inter partes review to a patent that issued before the passage of the Leahy—Smith America Invents Act, Pub. L. No. 11-29, 125 Stat. 284 (2011), violate the Due Process Clause of the Fifth Amendment? $9