Justices Want USPTO To Weigh In On PTAB Constitutionality

By Kelcee Griffis (March 1, 2017, 2:04 PM EST) -- In a case taking aim at the constitutionality of inter partes review, the Supreme Court has asked the last-known director of the U.S. Patent and Trademark Office to respond to Oil States Energy Services LLC's cert petition.

According to a Monday docket posting, the high court asked Michelle K. Lee to respond by March 29 and listed her as the director of the USPTO amid a controversy over who is really running the agency in the advent of the Trump administration.

In the case, Oil States Energy Services LLC contends that IPRs are unconstitutional because they deprive patent owners of the...

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