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Are Inter-Partes-Review Proceedings Constitutional? Supreme Court Will Weigh In, PTAB Litigation Blog

June 2017

Visit the Jones Day PTAB Litigation Blog.

Today, the Supreme Court agreed to hear a challenge to the constitutionality of inter partes review. In Oil States Energy Services v. Greene’s Energy Group, No. 16-712, the Court agreed to decide this question: "Whether inter partes review—an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury."

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