4 Key Moments From The High Court’s Oil States Arguments
Law360, New York (November 28, 2017, 10:18 PM EST) -- While considering the constitutionality of America Invents Act reviews Monday, the U.S. Supreme Court justices parsed whether the reviews differ from other patent office proceedings and raised concern about the patent office “stacking the deck.”
Here’s a look at those and other moments attorneys say shed light on the court’s thinking.
A Distinction Without a Difference?
Oil States Energy Services LLC argued to the court that AIA inter partes reviews of patents violate the U.S. Constitution’s separation of powers because they are an exercise of judicial power by an executive branch agency. However, the company’s attorney, Allyson Ho of Morgan Lewis &...
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