Justices Again Urged To Rule PTAB Can't Ax Pre-AIA Patents

By Dorothy Atkins (April 2, 2021, 5:38 PM EDT) -- Security People Inc. has urged the U.S. Supreme Court to consider whether the U.S. Patent Trial and Appeal Board can invalidate patents in inter partes review if they were issued before the America Invents Act passed in 2011, in the latest appeal in a wave of constitutional challenges to retroactive IPR decisions.

In a March 30 petition for writ of certiorari, the company argued that the issue is ripe for U.S. Supreme Court review, because the high court expressly left open the question of whether retroactively applying IPR is constitutional in the justices' 2018 Oil States Energy Services LLC v. Greene's Energy...

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