Supreme Court Upholds IPRs in Oil States

On Tuesday, the Supreme Court released its opinion in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, holding that the inter partes review procedure does not violate Article III of the Constitution. The Court maintained the status quo, and IPRs are still a viable route for defending against or attacking a patent. The path to the Supreme Court began with an infringement suit. Oil States and Greene’s compete in supplying equipment for oil and gas extraction, and Oil States sued Greene’s for infringing U.S. Patent No. 6,179,053, which covers a wellhead for hydraulic fracturing. Greene’s—like many defendants—petitioned the Patent Trial and Appeal Board to institute an IPR and invalidate the ’053 patent. The PTAB did so, and the appeals climbed to the Supreme Court, winnowing to this Question Presented: “Whether IPRs violate the Constitution by extinguishing private property rights through a non-Article III forum without…

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