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IP Alert: Supreme Court Rules IPRs Are Constitutional, Rejects PTAB's Partial Institution Practice

April 24, 2018

Today the U.S. Supreme Court issued a pair of highly anticipated decisions affecting inter partes review (IPR) proceedings. Most significantly, in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Court rejected a challenge to the constitutionality of the IPR statute and determined that IPR proceedings do not violate either Article III or the Seventh Amendment.

In a second case, SAS Institute Inc. v. Iancu, the Court determined that the Patent Trial and Appeal Board (PTAB) must address the patentability of all claims challenged by a petitioner and rejected the PTAB’s “partial institution” practice. The SAS case will affect a substantial number of pending and future IPR challenges.

Fitch Even is a widely recognized leader in PTAB practice. Please contact a member of Fitch Even’s PTAB practice group for more information concerning these cases.

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