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SCOTUS Holds Inter Partes Review Proceedings Valid in 'Narrow' Decision

Author: Aparna Nemlekar

4/27/2018

Read the full post at Post-Grant Counsel

SCOTUS Holds Inter Partes Review Proceedings Valid in 'Narrow' Decision

This week the Supreme Court of the United States (Supreme Court), in a 7-2 decision, held that inter partes review (IPR) proceedings conducted by the Patent Trial and Appeal Board (PTAB) do not violate Article III or implicate the Seventh Amendment. This decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 584 U.S. ___ (2018) validates an administrative proceeding that was put into place by Congress in the Leahy-Smith American Invents Act (AIA) of 2011. However, the Court made sure to emphasize the “narrowness of [the] ruling,” stating that it was not ruling on the constitutionality of the PTAB in general but just that the IPR process was constitutional.

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