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United States Patent and Trademark Office › Supreme Court of the United States › Seventh Amendment

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Administrative Law Decisions Raise Questions for U.S. Patent and Trademark Office Proceedings

Wilson Sonsini Goodrich & Rosati on

Last week, the U.S. Supreme Court decided two important administrative law cases that are expected to increase judicial authority over agency adjudications and rulemaking. In Securities & Exchange Commission v....more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Farella Braun + Martel LLP

Supreme Court Upholds Constitutionality of Inter Partes Review of Issued Patents

Farella Braun + Martel LLP on

In 2012, Congress created a new procedure that allows the U.S. Patent and Trademark Office to conduct a litigation-like procedure to review and potentially cancel patents. This procedure - inter partes review (“IPR”) - has...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

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

Fish & Richardson

Legal Alert: Implications of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute Inc. v. Iancu

Fish & Richardson on

As the most-active firm practicing at the Patent Trial and Appeal Board (PTAB), we are proud to have shared in our clients’ successes over the years. Fish was one of the first firms to file a post-grant petition in 2012, and...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Shook, Hardy & Bacon L.L.P.

Inter Partes Review Proceedings Survive, But Their Implementation Will Change

Shook, Hardy & Bacon L.L.P. on

In a pair of decisions, the U.S. Supreme Court upheld the constitutionality of the inter partes review (IPR) process created by the America Invents Act but required the U.S. Patent & Trademark Office (USPTO) to make a...more

K&L Gates LLP

The Supreme Court Upholds and Clarifies Inter Partes Review

K&L Gates LLP on

Tuesday, April 24, 2018, proved to be a banner day for inter partes review (“IPR”) proceedings. The United States Supreme Court issued two separate opinions addressing the regime, the first upholding the constitutionality of...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Speaks on Constitutionality and Scope of Inter Partes Reviews at the PTO

Akin Gump Strauss Hauer & Feld LLP on

• The Supreme Court in Oil States v. Greene’s Energy ruled 7-2 that cancellation of patent claims in an inter partes review does not violate either Article III or the Seventh Amendment of the Constitution. • In SAS...more

Bradley Arant Boult Cummings LLP

Supreme Court Affirms Constitutionality of Inter Partes Review

Bradley Arant Boult Cummings LLP on

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Supreme Court rejected constitutional challenges to the America Invents Act’s inter partes review process. The court held that inter partes review (IPR)...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

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Rulings Signal Significant Changes to Post-Issuance Patent Reviews

Skadden, Arps, Slate, Meagher & Flom LLP on

In a pair of decisions issued on April 24, 2018, the U.S. Supreme Court clarified the constitutionality of and the appropriate practice for inter partes review. The 7-2 majority opinion in Oil States Energy Services, LLC v....more

Eversheds Sutherland (US) LLP

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

Eversheds Sutherland (US) LLP on

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

Mintz - Intellectual Property Viewpoints on

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

Fenwick & West LLP on

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

Foley & Lardner LLP on

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

Bracewell LLP

Partes On! Survival of Inter Partes Review May Signal an SOS for Parties Entering the Uncharted Waters of Inter Partes Review in...

Bracewell LLP on

The Supreme Court issued decisions in the cases of Oil States v. Greene’s Energy and SAS v. Iancu, addressing the constitutionality of inter partes review (“IPR”) and determining whether the Patent Trial and Appeal Board...more

Latham & Watkins LLP

Supreme Court Rulings Increase the PTAB’s Importance

Latham & Watkins LLP on

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

Patterson Belknap Webb & Tyler LLP

Supreme Court Holds IPRs Are Constitutional

Patterson Belknap Webb & Tyler LLP on

In a highly anticipated ruling, the Supreme Court upheld the constitutionality of inter partes review proceedings. Justice Thomas, writing for the seven-member majority in Oil States Energy Services, LLC v. Greene’s Energy...more

Weintraub Tobin

U.S. Supreme Court Rules America Invents Acts Reviews By The Patent Trial And Appeal Board Arm Of The Patent And Trademark Office...

Weintraub Tobin on

In a 7-2 opinion, the U.S. Supreme Court ruled in OIL STATES ENERGY SERVICES, LLC v. GREENE’S ENERGY GROUP, LLC that inter partes review does not violate Article III or the Seventh Amendment of the Constitution. Thus, the...more

Jones Day

Supreme Court Upholds Constitutionality of IPRs

Jones Day on

Rumors of the PTAB’s demise were greatly exaggerated, it turns out. In a 7-2 decision, the Supreme Court held on Tuesday that Inter Partes Reviews (IPRs) violate neither Article III nor the Seventh Amendment of the...more

Proskauer - New England IP Blog

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

Proskauer - New England IP Blog on

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

Parker Poe Adams & Bernstein LLP on

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 Upholds the Constitutionality of Inter Partes Reviews

Foley & Lardner LLP on

On April 24, 2018, the Supreme Court issued its opinion in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712, affirming the constitutionality of the U.S. Patent and Trademark Office’s (PTO) inter...more

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