What May Happen To Your IPR The Day After Oil States

By Douglas Salyers and Lauren Ulrich Baker (March 7, 2018, 1:08 PM EST) -- On Nov. 27, 2017, the U.S. Supreme Court heard oral argument in Oil States Energy Services LLC v. Greene's Energy Group LLC and a decision is expected soon on whether inter partes review procedures violate the constitutional guarantees of Article III and the Seventh Amendment. If the Supreme Court finds the IPR process constitutional, the patent litigation landscape should go back to "business as usual," although the Oil States opinion may provide guidance for future constitutional challenges to IPRs.[1] If the Supreme Court decides that the IPR process is unconstitutional, however, the immediate question will be: How does this ruling affect the thousands of concluded and pending IPRs and whether other post-grant challenge procedures are also unconstitutional?...

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!