The Takings Clause of the Fifth Amendment to the US Constitution provides that the Government shall not take private property “for public use, without just compensation.” The question now before the Supreme Court in Zoltek is whether patent rights constitute private property protectable under the Fifth Amendment.
Zoltek’s Fifth Amendment claim was denied by the CAFC and Zoltek has now petitioned the Supreme Court to hear its case. According to petitioner’s counsel, amicus briefs will be due by March 22, 2007 unless the Government requests an extension of time to file its response (something that is likely).
For many Patently-O readers, this case is a no-brainer -- just like you thought that patents came with a right to exclude . . .
[More to come in a later post]
Notes:
- Zoltek Petition For Certiorari [PDF]
- Zoltek Petition Appendix [PDF]
- Patently-O Discussion of the CAFC Opinion
- Patently-O Discussion of the Rehearing Denial
- This case, of course, is great because it involves F22’s.
