News & Analysis as of

Fifth Amendment › Due Process › Personal Property

Hudson Cook, LLP

Creditors' Rights and the Constitution: A Difficult (But Not Impossible) Connection to Make

Hudson Cook, LLP on

You may not associate creditors' rights with the United States Constitution. After all, when people think of constitutional rights, they generally think of free speech, freedom of the press, trial by jury, etc. The...more

Spilman Thomas & Battle, PLLC

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?

Spilman Thomas & Battle, PLLC on

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more

Weintraub Tobin

Federal Circuit Holds IPR Proceedings On Pre-AIA Patents Is Not An Unconstitutional Taking Under The Fifth Amendment

Weintraub Tobin on

In CELGENE CORPORATION v. PETER, the Federal Circuit recently affirmed the PTAB’s decisions finding appealed claims obvious. However, more importantly, the Federal Circuit also held that the retroactive application of IPR...more

Jackson Walker

Are Patents Property?

Jackson Walker on

Most people think of “intellectual property” as a type of property. This makes sense because, well, “property” is in the name. However, as lawyers know all too well, the law is never that simple. As it turns out, at least one...more

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