Court Upholds Constitutionality of IPR

Today, the U.S. Supreme Court issued it’s opinion in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et. al.  The U.S. Patent and Trademark Office has reviewed patent validity with various proceedings for decades, with ex parte reexamination since 1980 and inter parties reexaminations since 1999.  More recently, various parties had questioned the constitutionally of the new inter parties review (IPR) authorized by Congress with the America Invents Act (AIA) of 2011.  In today’s 7-2 decision, the Court upheld the constitutionality of the IPR

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