Why High Court Should Find IPR Constitutional

Law360, New York (June 16, 2017, 12:55 PM EDT) -- On June 12, 2017, the U.S. Supreme Court agreed to hear a challenge to the constitutionality of the inter partes review process. The case has provoked much consternation because the resulting decision carries the possibility of disrupting a system currently widely used to challenge patents, throwing into question previous Patent Trial and Appeal Board decisions as well as the PTAB’s authority in reviewing future challenges. The underlying facts of the case follow.

Oil States Energy Services LLC sued Greene’s Energy Group LLC for infringement of a...
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