Where the Federal Circuit Panel's construction of petitioner's patent claim was unforesee able and unjustifiable under the circuit's prior decisions, disrupting petitioner's legitimate investment -backed expectations and rendering his and similarly situated patent owners' patent s worthless, does the Panel 's precedential opinion constitute a judicial taking of property in violation of the Fifth Amendment's Takings Clause?

Does the Federal Circuit Panel's unforeseeable and unjustifiable construction of the petitioner's patent claim, disrupting the petitioner's legitimate investment-backed expectations and rendering the patent worthless, constitute a judicial taking of property in violation of the Fifth Amendment's Takings Clause?