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Patent owners are hoping the US Supreme Court will rule that the inter partes review is unconstitutional, as Christa Brown-Sanford and Bethany Ford of Baker Botts report.
The saying “First it giveth, then it taketh away” is historically a misquotation of a biblical reference (Job 1:21) but has come to be understood to mean “the thing that gives can also take away.” This question of whether the entity that gives can also be the entity that takes away will be addressed by the US Supreme Court in the upcoming October 2017 term in connection with the Oil States Energy Services v Greene’s Energy Group case.
Specifically, the Supreme Court will decide whether it is constitutional for the Patent Trial and Appeal Board (PTAB), an administrative law body of the US Patent and Trademark Office (USPTO) to cancel patent claims through inter partes review (IPR). In effect, the Supreme Court will decide whether the USPTO, the entity that issues patents, can also be the entity to cancel their claims.
Procedural history of Oil States
Christa Brown-Sanford, Bethany Ford, Baker Botts, inter partes review, unconstitutional, Supreme Court, USPTO, PTAB,