Oil States Case Likely Won’t Save Axed Patents, Judge Says

Law360, New York (November 16, 2017, 9:29 PM EST) -- A Texas federal judge has dismissed a gas leak detection patent suit after the Patent Trial and Appeal Board invalidated the patents, rejecting the patentee’s argument that the U.S. Supreme Court could revive the patents in an upcoming case by voiding every past PTAB decision.

The high court will hear arguments this month in a case known as Oil States on whether inter partes reviews by the PTAB are unconstitutional. Judge Barbara M.G. Lynn of the Northern District of Texas said Monday that Leak Surveys Inc....
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