Supreme Court to decide validity of Inter Partes Review

The Supreme Court agreed today to review the constitutionality of inter partes review, an adversarial forum at the Patent and Trademark Office for challenging the validity of an issued patent, in Oil States Energy Service, LLC v. Greene's Energy Group, LLC. The specific question to be addressed is:

Whether inter partes review-an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.

The Court's order can be found at Given the Court's hostility to patent rights, shown by a decade of decisions weakening patents, a decision eliminating an avenue for invalidating patents seems highly unlikely. However, since a decision affirming inter partes as valid isn't needed to keep the forum available, the fact that the Court granted review may indicate at least some justices may be sympathetic to the Appellant.

Featured Posts
Recent Posts
Search By Tags

Cleere Intellectual Property | Evanston, IL | 630-770-1691 |

Nothing in this website should be construed or used as legal advice. The content of this site is provided for informational purposes only. No attorney-client or other relationship is formed by use of or reliance on any information on this site without the express written consent of Cleere Intellectual Property.

© 2017 by Scott Cleere.

  • Facebook Clean
  • Twitter Clean
  • White Google+ Icon
  • LinkedIn Clean