June 12, 2017
Today the U.S. Supreme Court agreed to hear a challenge to the constitutionality of the inter partes review process. The case is Oil States Energy Services v. Greene’s Energy Group.
The Court will consider the following question: Whether inter partes review—an adversarial process used by the U.S. Patent and Trademark Office to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.
The Court’s decision is expected to carry great significance. Fitch Even attorneys are monitoring this case and will report once the Court has issued its decision.
Fitch Even IP Alert®