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The case has much merit, Lemley and crew (the copyleft) are quixotic. The Art. 1 grant is to authors and inventors, not the first author to register and the first inventor to file. See my article in IDEA: http://www.glenn-law.com/downloads/idea-vol50-no3-glenn-nagle.pdf
Commented Aug 28, 2012 on Constitutional Challenge to the First-to-Invent Rule at Patent Law Blog (Patently-O)
Constitutional Challenge to the First-to-Invent Rule
By Dennis Crouch [Update – Read the Complaint Here] MadStad & Mark Stadnyk v. USPTO, 12-cv-1589 (M.D. Florida 2012) The small motorcycle engineering company MadStad recently filed suit against the US Government asking a federal court to reject the Leahy-Smith America Invents Act of 2011 (AIA)...
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