Analysis

AIA Reviews Survive High Court, But Future Challenges Likely

Law360 (April 24, 2018, 10:15 PM EDT) -- The U.S. Supreme Court's decision Tuesday that America Invents Act reviews do not violate the U.S. Constitution preserves the system for challenging patents, but the narrow decision will likely prompt more constitutional challenges to procedures used in the reviews, attorneys say.

In a 7-2 decision, the justices rejected a frontal assault on AIA proceedings like inter partes review by Oil States Energy Services LLC, which argued the entire system is unconstitutional because executive branch tribunals like the Patent Trial and Appeal Board have no authority to invalidate patents.

Justice Clarence Thomas wrote for the majority that the grant of a patent...

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