The Supreme Court of the United States granted
certiorari to decide whether only Art. III federal courts,
not executive branch tribunals such as the Patent Trial and Appeal
Board (PTAB), can decide whether a patent is invalid. Oil
States Energy Services, LLC v. Greene's Energy Group, LLC,
Docket No. 16-712 (Supr. Ct., June 12, 2017). The case is set to be
considered during the October 2017 term.
The US Court of Appeals for the Federal Circuit, in an
unpublished per curium decision issued on May 4, 2016
(reprinted at 639 Fed. Appx. 639), held that patents are public
rights and that America Invents Act proceedings are constitutional,
rejecting the petitioner's argument that patents are private
property rights, which can only be revoked by an Article III court,
and not public rights, which can be revoked by a government
agency.
