inventedhere
The Constitutionality of Inter Partes Review Is Before the Supreme Court
The America Invents Act of 2011 introduced three new avenues for third parties to question the validity of granted patents at the United States Patent and Trademark Office (Patent Office), namely covered business method review, post-grant review, and inter partes review. While all three are intended to be relatively inexpensive alternatives to litigating weak patents, inter partes review has proved so far to be the most popular and most effective, the Patent Office granting about 80% of petitions filed and invalidating about 75% of patents in which petitions have been granted. The constitutionality of inter partes review is now being challenged at the Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. Oral hearings are set for November 27, 2017. This article summarizes the briefs filed by the parties, including the federal government, provides some context for the issue on appeal, suggests some implications of possible holdings by the Court, and proposes one possible resolution.
homegpluslinkedInmail
PDF
NEWSLETTER ARCHIVE
Volume 48, Issue 4
BPLA-logo
N-Scott-Pierce
Index
Community Calendar Read more >
Table of Contents
Message from the President Monica Grewal
Read more >
The Amendment of Trademark Law in Indonesia
Read more >
< Back
Deleted Teachings and Incorporation by Reference
Read more >
Save the Date: BPLA Annual Meeting
Read more >
The Constitutionality of Inter Partes Review Is Before the Supreme Court
Read more >
Invented Here! 2017 Recognition Event
Read more >
BPLA Committee Report
Read more >
Members On The Move
Read more >
The Federal Circuit Confirms a Return to Restrictive Patent Venue Requirements
Read more >
Officers and Board of Governors
Read more >
In memoriam of Stanley Abkowitz
Read more >
What Reviving the TTIP Agreement Could Mean for the Future of Geographical Indications
Read more >
calendarcalendar__2_
The use of Applicant Admitted Prior Art in IPR Petitions
Read more >
Situations When Written Opinions of Counsel Could Spare You a Patent-Related Headache
Read more >
Job Listings
Read more >
Community Calendar
Read more >
Save the Date: Case Law Committee Meeting
Read more >
Message from the Editor-in-Chief
Read more >
Proposed BPLA By-law Amendment
Read more >
Minutes of the 2016 BPLA Annual Meeting
Read more >
The BPLA Files Amicus Curiae Brief in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al.
Read more >
TOCTOC