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Patent values under threat with Supreme Court ‘inter partes’ review decision

Glenn Forbis, Principal at Harness Dickey, examines how patent values could be impacted by the Supreme Court’s upcoming decision on whether 'inter partes reviews' at the patent office are constitutional

On 12 June 2017, the US Supreme Court granted certiorari in Oil States Energy Services LLC v Greene’s Energy Group LLC, No. 16-712 – a decision which could significantly affect the value of patents in the US. The question before the Supreme Court is whether the five-year-old inter partes review (IPR) process, which was established as a mechanism in the US Patent and Trademark Office (USPTO) to challenge the validity of already-issued patents, violates the Constitution by extinguishing private property rights through a non-Article III forum and without a jury. …

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