Analysis

The Road To Oil States: How AIA Reviews Got To The Justices

Law360, New York (July 12, 2017, 1:58 PM EDT) -- When the U.S. Supreme Court hears a case this fall to determine whether America Invents Act reviews are unconstitutional, the outcome may hinge on case law stretching back to the 19th century about the patent office's power to invalidate patents. Here's a look at the precedent underlying the potentially landmark case.

The justices agreed last month to hear an appeal by Oil States Energy Services LLC, which argues that only federal courts, not executive branch tribunals like the Patent Trial and Appeal Board, can decide whether a patent is invalid. If the court agrees, it would derail a popular system for...

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