The Supreme Court's upcoming decision in Oil States Energy Services, LLC v. Greene's Energy Group, LLC (No. 16-712) has the potential to dramatically change Patent Trial and Appeal Board (PTAB) practice and the patent system as a whole. In Oil States, the Court will determine whether inter partes review (IPR) is constitutional under Article III and the Seventh Amendment of the U.S. Constitution. But the case is more complex than a simple thumbs-up or thumbs-down on constitutionality. Through the Justice's comments and questions at oral argument, they revealed a host of concerns that will continue to affect IPRs—even if the Court ultimately upholds them as constitutional.
In the meantime, stay tuned to this page for further updates and resources to keep you up to date on this case.
Upcoming Webinar: Oil States
and SAS Decisions: Game
Changers or Business as Usual?
The day after Oil States is decided, several of Finnegan's leading PTAB practitioners will present a webinar to discuss the decision and how it will affect IPRs, the PTAB, and your business. You can register here for the webinar.
Podcast: Oil States Energy Services
v. Greene's Energy Group
This podcast serves as a short primer on Oil States and its potential ramifications.
Article: A Handy Guide to Oil States, the Case that
Has Captivated the Patent Community
This article provides a detailed look at the issues raised in Oil States.
States and SAS:
Takeaways from the Live Arguments Before the Supreme Court
Listen to this on-demand webinar for a detailed look at the oral arguments in Oil States, predictions on how the Court might rule based on those arguments, and practical pointers for what to do now while the case is pending.
- Oil States' Opening Brief
- Greene's Response
- Federal Respondent's Response
- Oil States' Reply Brief
- Audio and Transcript: Oral Argument - November 27, 2017
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.