Preparing For High Court's Looming Oil States Decision
By Tom Leach (April 13, 2018, 2:33 PM EDT) -- In Oil States Energy Services LLC v. Greene's Energy Group LLC, the U.S. Supreme Court will soon decide whether the U.S. Patent and Trademark Office's inter partes review procedure is constitutional. IPRs are administrative procedures that review a patent's validity. The administrative law body responsible for administering these procedures, thePatent Trial and Appeal Board, has been called the "patent death squad." Analyzing the issues and the justices' oral argument questions suggests most justices believe IPRs are constitutional, but it is not a foregone conclusion. The Supreme Court should issue its decision before the end of June 2018. Patent owners and IPR petitioners should be prepared for an outcome that goes either way....
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