What May Happen To Your IPR The Day After Oil States

On Nov. 27, 2017, the U.S. Supreme Court heard oral argument in Oil States Energy Services LLC v. Greene’s Energy Group LLC and a decision is expected soon on whether inter partes review procedures violate the constitutional guarantees of Article III and the Seventh Amendment. If the Supreme Court finds the IPR process constitutional, the patent litigation landscape should go back to “business as usual,” although the Oil States opinion may provide guidance for future constitutional challenges to IPRs.[1] If the Supreme Court decides that the...

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