Analysis

What To Do Until Justices Resolve AIA Constitutionality

Law360, New York (June 16, 2017, 9:24 PM EDT) -- The U.S. Supreme Court's decision to weigh the constitutionality of America Invents Act inter partes reviews is giving some looking to challenge patents reason to pause. Here, experts share what steps patent owners can take in case the justices do upend the popular review program.

The court agreed Monday to hear an appeal from Oil States Energy Services LLC that argues that under the Constitution, only federal courts, not executive branch tribunals like the Patent Trial and Appeal Board, can decide whether a patent is invalid.

If the justices were to side with Oil States, the decision could effectively eliminate IPRs, which...

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