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Supreme Court Seems Likely To Keep Inter Partes Review Despite Problems

 
• By Brenda Sandburg

US Justices questioned PTAB panel stacking and ability to challenge patent years after issuance, but the fact decisions can be reviewed by appellate court seemed to allay their concerns.

Oil States Supreme Court
Independent inventors protested Patent Trial Appeal Board’s inter partes review proceeding in front of US Supreme Court during oral arguments in Oil States Energy Services v. Greene’s Energy Group. Court is to rule whether IPR is constitutional. • Source: Brenda Sandburg

US Supreme Court justices seemed divided on whether the US Patent and Trademark Office's inter partes review (IPR) patent challenge proceeding violates the Constitution by allowing an administrative proceeding to decide the validity of patents in place of district courts.

The justices heard oral arguments Nov. 27 in Oil States Energy Services LLC v. Greene's Energy Group LLC. The question before the court is whether the IPR process is unconstitutional because it eliminates the right to a jury trial

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