By Brian Murphy, Richard Kurz and Jonathan Herstoff (April 26, 2018, 4:51 PM EDT) -- On April 24, 2018, in Oil States Energy Services LLC v. Greene's Energy Group LLC,[1] the U.S. Supreme Court held that inter partes review does not violate Article III or the Seventh Amendment of the Constitution. In a ringing endorsement of congressional power to subject the government's grant of a patent — "a public franchise" — to reconsideration by the Patent Trial and Appeal Board in an IPR proceeding, Justice Clarence Thomas delivered the opinion for a 7-2 majority. The decision, however, settles only the Article III constitutional challenge to IPRs. Perhaps more interesting are the smoke signals sent in section III E of the majority opinion....