The (First?) Post-Oil States Shoe Drops In Patent Takings By Inter Partes Review

If you understand this post's headline, congratulations: you are the nerdiest of law nerds, checking no less than two boxes in the obscure law category, takings and patent law. But if you have been paying attention here, you know that recently, the Supreme Court, in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, No. 16-713 (Apr. 24, 2018) (which we wrote about in "Property Lawyers, Read The Supreme Court's Latest Patent Case"), held that "inter partes" review of previously-issued patents (a form of property), does not run afoul of the Constitution.  Yes, these patents could be reconsidered in inter partes review. But the Court expressly left open the question of whether revoking a previously-recognized patent would be a taking: Finally, our decision should not be misconstrued as suggesting that patents are not property for purposes of the Due Process Clause or the Takings Clause. See, e.g., Florida Prepaid…

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