After the biggest challenge yet to the Patent and Trademark Office’s popular inter partes review proceedings, the name of the game is largely “same old” for today’s Supreme Court decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712. The Court rejected the argument that the PTO’s post-grant review of patents violates the Constitution. In the separate SAS Institute Inc. v. Iancu decision (the subject of a forthcoming alert) the Court reversed the PTO’s practice of adjudicating some, but not all, claims challenged by an inter partes review petitioner.
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