You make an incredibly valid point and as a non-lawyer it seems correct that could occur.
What could also occur is the ability to invalidate could be taken away from a jury altogether. Might become US District Court that determines this fate, who knows?
Your presumption is a bit scary as a shareholder. And how much "TIME" will this tick off the clock on top of it all?
“It is emphatically the province and duty of the judicial department to say what the law is... .If two laws conflict with each other, the courts must decide on the operation of each. So, if a law be in opposition to the constitution ... the court must determine which of these conflicting rules govern the case. This is the very essence of judicial duty. If, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply.”
If the A.I.A. (PTAB/IPR Process) is declared to be unconstitutional, IPRs could very well be dead, but I think it depends on how the Supreme Courts decides. They could say that "in its current state the PTAB is unconstitutional", but then send the AIA back to Congress to be adjusted and all IPRs stay pending as such. That would suck!
I don't think that our current Supreme Court will rule in favor of legislation over the Constitution. IMO!
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