On June 12, 2017, the U.S. Supreme Court granted certiorari on the constitutionality of IPRs. Oil States Energy Svcs, LLC v. Greene's Energy Group, LLC, 639 Fed. Appx. 539 (Fed. Cir. 2016), cert. granted, No. 16-712 (June 12, 2017). The Court presented the following questions: (1) whether inter partes review-an adversarial process used by the PTAB to analyze the validity of existing patents-violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury; (2) whether the amendment process implemented by the PTO in IPR conflicts with this Court's decision in Cuozzo, and congressional direction; and (3) whether the "broadest reasonable interpretation" of patent claims-upheld in Cuozzo for use in IPR requires the application of traditional claim construction principles, including disclaimer by disparagement of prior art and reading claims in light of the patent's specification.
Disclaimer: The content in this blog is solely for informational purposes and does not constitute legal advice.