Supreme Court Affirms the Constitutionality of <em>Inter Partes</em> Review

Supreme Court Affirms the Constitutionality of Inter Partes Review


By: Robert M. Masters, Jonathan R. DeFosse, Timothy P. Cremen

On April 24, 2018, the Supreme Court issued its opinion in Oil States v. Greene's Energy, No. 16-712, holding that inter partes review (“IPR”) before the Patent Trial and Appeal Board (the “PTAB”) does not violate Article III of the U.S. Constitution. The decision solidifies the status of the PTAB as an alternative to district courts for addressing the validity of patent claims.

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