The Supreme Court this Term will take up in Oil States the question whether Inter Partes Review under the Leahy Smith America Invents Act of 2011 is Constitutional.  An affirmative ruling could end the vibrant IPR and PGR post grant review procedures at the PTO.

To permit the reader to make up his own mind, the attached paper presents a selection of merits briefs in this case.

An argument is expected over the winter, with a decision before the Court adjourns at the end of June 2018.

OilStatesSupremeCourtOct4_2017

Regards,
Hal

 

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