Inter Partes Review – Constitutional Violation

By: Derek Hawkins//May 10, 2018//

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United States Supreme Court

Case Name: Oil States Energy Services, LLC v. Greene’s Energy Group LLC.

Case No.: 16-712

Focus: Inter Partes Review – Constitutional Violation

The Leahy-Smith America Invents Act, 35 U. S. C. §100 et seq., establishes a process called “inter partes review.” Under that process, the United States Patent and Trademark Office (PTO) is authorized to reconsider and to cancel an issued patent claim in limited circumstances. In this case, we address whether inter partes review violates Article III or the Seventh Amendment of the Constitution. We hold that it violates neither.

Affirmed

Dissenting: GORSUCH, J., filed a dissenting opinion, in which ROBERTS, C. J., joined.

Concurring: REYER, J., filed a concurring opinion, in which GINSBURG and SOTOMAYOR, JJ., joined.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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