Status Quo at the PTO: High Court Preserves Inter Partes Review

Kaminski_Jeffri_LRFeatured Expert Contributor, Intellectual Property—Patents

Jeffri A. Kaminski, Venable LLP

Inter Partes Review (“IPR”) lives to see another day (or challenge). On April 24, 2018, the Supreme Court issued its opinion in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, which could have wholly invalidated the IPR process used by the Patent and Trademark Office (“PTO”) to scrutinize the validity of already-issued patents. Though not the first constitutional challenge to IPR, Oil States marks the first time the Supreme Court has confronted the issue head-on since IPR came into existence five years ago. Continue reading “Status Quo at the PTO: High Court Preserves Inter Partes Review”