News & Analysis as of

Takings Clause Post-Grant Review

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Takes Pass on Considering IPR Constitutionality

There is little rhyme nor reason in the cases the Supreme Court decides to review. But the Court has patterns in its case selection that do (to some degree) probe what the Justices think are important questions. One pattern...more

Jackson Walker

Are Patents Property?

Jackson Walker on

Most people think of “intellectual property” as a type of property. This makes sense because, well, “property” is in the name. However, as lawyers know all too well, the law is never that simple. As it turns out, at least one...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

Dorsey & Whitney LLP

The Supreme Court - April 24, 2018

Dorsey & Whitney LLP on

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

Goodwin

SCOTUS Issues Key IPR Decisions

Goodwin on

This morning, the United States Supreme Court issued two key decisions concerning the fundamental authority of the United States Patent and Trademark Office (USPTO) to institute inter partes review (IPR) proceedings. ...more

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