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High Court Seems Poised To Confirm Constitutionality Of IPR

Law360, New York (November 29, 2017, 3:40 PM EST) -- Oral argument in Oil States Energy Services LLC v. Greene’s Energy Group LLC, was held on Nov. 27, 2017. Based on the questions asked during the argument, a divided Supreme Court appears likely to affirm the Federal Circuit’s decision finding that inter partes reviews conducted by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board pass constitutional muster.

The questions at oral argument were focused on three main issues. The first issue was the adjudicatory nature of inter partes review. The first argument in...
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