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

Upadhye, Shashank & Sussman, Adam

Journal: Fordham Intellectual Property, Media and Entertainment Law Journal

Volume: 25

Year: 2014

Bluebook Citation: 25 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. (2014)

Author: Adam Sussman: all 2 publications


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.

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