How Will High Court Rule On IPR? Clues In A Thomas Dissent

Law360, New York (October 17, 2017, 12:54 PM EDT) -- Last week the U.S. Supreme Court announced that, on Nov. 27, it will hear oral argument on the constitutionality of inter partes review in Oil States Energy Services v. Greene’s Energy Group. The case is of tremendous significance to a wide swath of interest groups. Few developments have more dramatically shifted the U.S. patent valuation landscape than IPRs. So it is unsurprising that the court has so far received 27 separate amicus briefs, many of which urge it to find IPRs unconstitutional.

Despite the numerous concerns raised by opponents of the IPR regime, the court is highly likely to find IPRs...

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