How Congress Making IPR Retroactive Affects Oil States
By Jason Hoffman (September 12, 2017, 12:21 PM EDT) -- In Oil States Energy Services v. Greene's Energy Group, the U.S. Supreme Court will soon decide whether inter partes review violates the Constitution. No one disputes that under Article I, Section 8 of the Constitution, Congress has the power to promote the progress of science and useful arts, by securing for limited times to inventors the exclusive right to their discoveries. Under this power, Congress provided the standards for what is patentable, created an agency to issue patents, and instructed the U.S. Patent and Trademark Office how to perform its tasks. Over the years, Congress created a number of ways for third parties to challenge the validity of issued patents at the PTO, including both inter partes re-examination and inter partes review....
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