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IP Alert
IP Alert: Supreme Court to Consider Whether IPRs Are Constitutional

June 12, 2017

Today the U.S. Supreme Court agreed to hear a challenge to the constitutionality of the inter partes review process. The case is Oil States Energy Services v. Greene’s Energy Group.

The Court will consider the following question: Whether inter partes review—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.

The Court’s decision is expected to carry great significance. Fitch Even attorneys are monitoring this case and will report once the Court has issued its decision.

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