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ARTICLE · 19 JUNE 2017

Will The Supreme Court Kill IPRs?

Reed Smith
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This week, the Supreme Court granted Oil States Energy Service, LLC's Petition for Cert, challenging the constitutionality of the IPRs.

United StatesIntellectual Property
Gerard Donovan
Gerard Donovan
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This week, the Supreme Court granted Oil States Energy Service, LLC's Petition for Cert, challenging the constitutionality of the IPRs. The primary question presented in Oil States' petition was whether the IPR "violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury." If the Supreme Court were to find IPRs unconstitutional, it would upend the AIA-based reviews (IPR, CBM, and PGR), and likely also ex parte and inter partes reexaminations. Elimination of IPRs would take away one of patent litigation defendants' strongest tools for leveling the playing field against plaintiffs, and call into question the status of a multitude of patents found to be invalid.

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