[Triumvark]

A lot of responses are claiming that patents aren't property, or there isn't public use.

35 U.S.C. § 261 claims that "patents shall have the attributes of personal property."

Kelo established the broad reading of 'public use.' Just about any economic intervention could fall under public use, it isn't limited to the government taking permanent ownership.

These are muddy questions debated in legal journals, but if the government is depriving that many people of significant value, then everyone who owns any patents will pitch in to the legal fund. The case is going to be made in its strongest possible terms, and it's something that government would have to seriously worry about.