SCOTUS to Mull Constitutionality of IPRs

2017/06/13

The US Supreme Court has agreed to consider whether inter partes reviews (IPRs) violate the US Constitution. On June 12, the Supreme Court justices granted a petition for a writ of certiorari filed by Oil States Energy Services, a provider of services to oil and gas companies, in November last year. In its petition, Oil States argued that the IPR process at the US Patent and Trademark Office (USPTO) violates the right to a jury in an Article III court. Oil States filed its petition after the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision to invalidate claims of US patent number 6,179,053. The Federal Circuit didn’t explain its reasoning, but affirmed the PTAB’s decision.

Source: WIPR