Outside Counsel

Deep Dive: Does the PTO's Inter Partes Review Violate the Constitution?

, New York Law Journal


Mark Baghdassarian, John Dillon and Matthew Olinzock write: The U.S. Supreme Court has continued its recent trend to enter the foray of patent litigation by granting certiorari in Oil States Energy Services v. Greene's Energy Group. This time the court will decide whether inter partes reviews, an adversarial process used by the U.S. Patent and Trademark Office to analyze the validity of existing patents, violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury when the PTO invalidates patents using this process.

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