CAFC rules on IPRs in MCM Portfolio vs. HP

From the decision:


We hold that we lack jurisdiction to review
the Board’s decision that the institution of
inter partes review was
not barred by 35 U.S.C. § 315(b), but we conclude
that we can review the question of whether
the final decision violates Article III and the Seventh Amendment.
On the merits, we reject MCM’s argument that inter partes review violates
Article III and the Seventh Amendment, and we
affirm the Board’s decision that
claims 7, 11, 19, and 21 of the ’549 patent
would have been obvious over the prior art



The CAFC noted


That is, Congress has the power to delegate dis-
putes over public rights to non-Article III courts.
The public rights exception was first applied to disputes
between the government and private parties, as in Mur-
ray’s Lessee.

More recently, the Court has extended the
doctrine to disputes between private parties concerning
public rights.



link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1091.Opinion.11-30-2015.1.PDF