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Federal Circuit Denies Motion to Stay Pending Supreme Court Decision in Oil States, PTAB Litigation Blog

June 2017

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On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, to decide whether inter partes review (IPR) violates the Constitution by extinguishing patent rights through a non-Article III forum without a jury. As we wrote previously, the issue turns on whether patents are purely private rights, the adjudication of which must occur in an Article III tribunal, or conversely, whether IPR involves public rights that Congress could constitutionally assign to an administrative agency for resolution.

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