A Real Separation of Powers or Separation of Law: Can an Article I Administrative Agency Nullify an Article III Federal Court Judgment?

Authors

Shashank Upadhye, Amin Talati & Upadhye, LLCFollow
Adam Sussman, Amin Talati & Upadhye, LLC

Keywords

Article I administrative agencies, Article III federal court, patent law, America Invents Act

Abstract

This Article concerns whether and how Article I administrative agencies can overturn the final judgment of an Article III federal court. The Article identifies if there really is a constitutional crisis afoot because of a violation of the separation of powers doctrine. It also addresses the concern that the federal court is the final arbiter of a legal dispute and that neither Congress nor an agency can step in to undo that which the federal court has done. The Article focuses on the newly enacted America Invents Act and the current use of administrative agency proceeding to reexamine issued patents as a tool to nullify patent infringement judgments.

Recommended Citation

Shashank Upadhye and Adam Sussman, A Real Separation of Powers or Separation of Law: Can an Article I Administrative Agency Nullify an Article III Federal Court Judgment?, 25 Fordham Intell. Prop. Media & Ent. L.J. 1 (2014).
Available at: https://ir.lawnet.fordham.edu/iplj/vol25/iss1/1