Deference is key to reducing burdens---the plan congests the judiciary and causes widespread governmental stagnation.
Maxfield ’20 [Amanda C. Maxfield is a JD candidate at Ohio State University; Ohio State Law Journal; Volume 81; “All Shook Up: A Reincarnated View of the Takings Clause in Light of Alleged AIA Takings of Pre-AIA Issued Patents,” https://kb.osu.edu/server/api/core/bitstreams/1a1c8acc-bd08-4b87-b6e6-7dbe2e0c4751/content]//LASA-AB
If the Federal Circuit considered invalidated patents via retroactive application of IPR to pre-AIA patents as an unconstitutional taking, the court would have been altering the level of deference typically afforded in cases of economic rights and broadening judicial enforcement in an inappropriate manner. The resulting administrative burden of providing patent owners just compensation after Celgene would congest the USPTO, judiciary, or legislature, and ultimately result in governmental stagnation.