Supreme Court Upholds Constitutionality of IPRs, <i>PTAB Litigation Blog</i>

Supreme Court Upholds Constitutionality of IPRs, PTAB Litigation Blog

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Rumors of the PTAB’s demise were greatly exaggerated, it turns out. In a 7-2 decision, the Supreme Court held on Tuesday that Inter Partes Reviews (IPRs) violate neither Article III nor the Seventh Amendment of the Constitution. Finding that the "grant of a patent is a matter involving public rights" and that "[p]atent claims are granted subject to the qualification that the PTO has the authority to reexamine—and perhaps cancel—a patent claim in an inter partes review," the decision clears the road for the Patent Trial and Appeal Board (PTAB) to continue to review challenged claims of already-issued patents.

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