Has anybody in a patent-infringement lawsuit ever tried to challenge the constitutionality of contemporary IP law by making the legal argument that:
1. The wording of Article I, Section 8, Clause 8 makes protection of intellectual property contingent upon it actually promoting the sciences and useful arts.
2. Not only does contemporary IP law fail to achieve that goal, it actively and demonstrably harms its achievement.
And... if so.... did the challenge fail because:
a) The US Supreme Court heard the case, and issued a ruling that there's no requirement that IP law actually promote any public purpose or provide any benefit
b) The USSC heard the case, and ruled against it on the grounds that the defendants failed to make a case that IP law in their specific case harmed that goal
c) The USSC heard the case, but ultimately ruled against the defendants on purely procedural grounds that didn't really address the matter of the law's fundamental constitutionality
d) The USSC declined to hear the case, allowing the lower court's ruling to stand by default?
It seems like the present Supreme Court majority's professed belief in the sanctity of strict constructionism could work in favor of a legal theory arguing against the constitutionality of contemporary IP law. If, in fact, the Constitution's plain language is to be taken as inerrant literal truth at face value, then it's hard to see how any reasonable reading of the clause could conclude it does NOT make the constitutionality of IP law contingent upon the law actually promoting the advancement of science and the useful arts.
If the same justices who argue in favor of strict constructionalism suddenly did a 180 and ruled that it doesn't apply in this case, it would seriously undermine the perceived legitimacy of every other ruling they've issued that has strict constructionalism as its professed legal basis.