News & Analysis as of

Post-Grant Review Supreme Court of the United States Seventh Amendment

McDermott Will & Emery

When SCOTUS Said No Partial Institution, It Meant All Challenged Grounds

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In light of the Supreme Court of the United States decision in SAS Institute v. Iancu (IP Update, Vol. 21, No. 5), the US Court of Appeals for the Federal Circuit remanded an appeal from the Patent Trial and Appeal Board...more

WilmerHale

Oil States v. Greene’s Energy: IPR Here to Stay, For Now

WilmerHale on

The U.S. Supreme Court on April 24 issued its decision in the closely watched patent case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018). The case addressed a constitutional challenge to...more

Troutman Pepper

Supreme Court Issues Two Patent-Related Opinions; One Causes Turmoil at the Patent Office

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On April 24, the U.S. Supreme Court, in a 7-2 decision, held that inter partes review (IPR) proceedings conducted by the Patent Trial and Appeal Board (PTAB) do not violate Article III or implicate the Seventh Amendment. ...more

Latham & Watkins LLP

SAS Institute Follow-Up: New PTAB Procedures and Strategies

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The PTAB’s new guidance in light of a recent Supreme Court ruling changes the dynamics for patent owners and petitioners. Key Points: ..Partial institutions are no longer permitted. The PTAB will review all petitioned...more

Foley & Lardner LLP

Patent System after Oil States and SAS – What’s the future?

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On April 24th, the Supreme Court decided two important cases related to the United States Patent & Trademark Office’s inter partes review (IPR) proceedings for reconsidering the prior grant of a patent – Oil States Energy...more

BakerHostetler

[Webinar] Supreme Court Issues Decisions in Oil States and SAS Cases: A Discussion of the Impact on Patent Law and Inter Partes...

BakerHostetler on

This timely and fast-moving webinar provides insight for business leaders and legal counsel on the recently issued Supreme Court decisions in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute...more

Eversheds Sutherland (US) LLP

Stayin' alive: What’s next for IPRs after Oil States and SAS

On April 24, 2018, the US Supreme Court decided two important cases that directly impact inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB), and patent litigation as a whole. In Oil States Energy...more

Mintz - Intellectual Property Viewpoints

Two Supreme Court Patent Opinions and a Memo from the PTO

On Tuesday, the U.S. Supreme Court issued two important patent law opinions that relate to the inter partes review procedure introduced by the America Invents Act: Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC,...more

Fenwick & West LLP

SCOTUS Upholds IPRs as Constitutional, May Leave Opening for Challenges to Certain IPRs

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Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group, and the U.S. Supreme Court this week...more

Foley & Lardner LLP

Supreme Court Upholds Constitutionality Of IPRs In Oil States

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Today in Oil States v. Greene’s Energy, the Supreme Court upheld the constitutionality of IPR proceedings, finding that they are a permissible second review of patents conducted by the administrative agency that issues them...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Preserves IPR But Dictates Changes – Director Iancu Has Many Options To Consider

On April 24, 2018 the Supreme Court issued two decisions that preserve Inter Partes Review ("IPR") but dictate changes to IPR procedures. The Court, however, left room for Director Iancu to consider many options to implement...more

Latham & Watkins LLP

Supreme Court Rulings Increase the PTAB’s Importance

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Oil States preserved the PTAB, and SAS Institute makes it a more important venue for patentability challenges. Key Points: ..IPR and other post-grant proceedings before the PTAB will continue. ..However, the PTAB may...more

Proskauer - New England IP Blog

In Face of Separation of Powers Challenge, Supreme Court Upholds Patent Office Inter Partes Review

Some call it the patent death squad. Others laud it as a powerful weapon in the battle against patent trolls. Whatever one’s opinion on the matter, the Supreme Court yesterday found that the U.S. Patent Office’s inter partes...more

Parker Poe Adams & Bernstein LLP

How the U.S. Supreme Court Ruled on Inter Partes Review and What It Means for Future Patent Challenges

The U.S. Supreme Court ruled Tuesday on two closely monitored cases impacting how patents could be challenged. In the more high-profile case, the court upheld the constitutionality of the inter partes review (IPR) process...more

Foley & Lardner LLP

Supreme Court Holds That the PTO Cannot Institute Review on Only Some of the Challenged Claims

Foley & Lardner LLP on

On April 24, 2018, the Supreme Court issued its opinion in SAS Institute Inc. v. Iancu, No. 16-969, holding that when the U. S. Patent and Trademark Office (PTO) institutes an inter partes review (IPR), it must decide the...more

Wilson Sonsini Goodrich & Rosati

Supreme Court Issues Two Decisions Impacting Practice Before the Patent Trial and Appeal Board

Today, the U.S. Supreme Court issued two decisions that will keep the Patent Trial and Appeal Board (PTAB) busier than ever. In Oil States Energy Services, LLC v. Greene's Energy Group, LLC,1 the Court affirmed that inter...more

Stoel Rives LLP

Supreme Court: Patent Office Retains IPR Authority, Loses Discretion to Streamline Proceedings

Stoel Rives LLP on

Today (April 24, 2018), the U.S. Supreme Court released two important decisions regarding the authority of the U.S. Patent and Trademark Office (“PTO”) to conduct Inter Partes Review (“IPR”) proceedings. IPRs, an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Upholds IPR as a Valid Procedure for Challenging Patent Validity: Majority Reasons that Patents are Revocable...

By a majority of 7-2, the Supreme Court has ruled that inter partes review is a valid exercise of statutory authority vested in the Patent Trial and Appeal Board. Oil States Energy Services, LLC v. Greene’s Energy Group, LLC,...more

Snell & Wilmer

Supreme Court Confirms Inter Partes Review Is Constitutional

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In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the United States Supreme Court held today, in a 7-2 decision, that the inter partes review process under the America Invents Act (AIA), 35 U.S.C. § 100 et...more

Schwabe, Williamson & Wyatt PC

Breaking IP News: US Supreme Court Issues Landmark Decisions in Oil States and SAS

LATEST FROM THE SUPREME COURT - We issue today’s special edition of Fresh from the Bench to summarize two important precedential decisions issued this morning by the Supreme Court. Both cases concern inter partes reviews,...more

Bass, Berry & Sims PLC

U.S. Supreme Court Upholds Constitutionality of Patent Inter Partes Review

Bass, Berry & Sims PLC on

On Tuesday, April 24, the U.S. Supreme Court handed down two highly anticipated decisions that significantly impact inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). The Supreme Court's...more

WilmerHale

Supreme Court Upholds IPRs but Strikes Down Partial PTAB Decisions in Two Important Patent Cases

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The Supreme Court today decided two important cases involving patent rights and inter partes review at the US Patent and Trademark Office (PTO). Both cases affirm the importance of Post-Grant Proceedings as a part of an...more

Dorsey & Whitney LLP

The Supreme Court - April 24, 2018

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The Supreme Court of the United States issued three decisions today: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712: The Leahy-Smith America Invents Act, 35 U.S.C. §100 et seq., went into effect...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oil States Energy Services, LLC. v. Greene's Energy Group, LLC (2018)

Earlier today, April 24, 2018, the Supreme Court held in Oil States Energy Services, LLC v. Greene's Energy Group, LLC that inter partes review proceedings do not violate Article III or the Seventh Amendment of the...more

Kilpatrick

Oil States and SAS

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The Supreme Court issued two decisions today in the cases of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., and SAS Institute Inc. v. Iancu, addressing inter partes review (IPR). In Oil States, the...more

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