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Tag Archives: inter partes review

PTAB-Lovers Rejoice; IPR Lives!

Posted in Articles, Infringement, Law Suits, Patents, USPTO

Five months ago to the day, I predicted that the U.S. Supreme Court would uphold inter partes review (“IPR”) proceedings at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”) as constitutional in Oil States v. Greene Energy. On April 24, 2018, the Court so-held. Back in November, the questions at oral argument in Oil States raised… Continue Reading

Patent IPRs and Allergan’s Sovereign Immunity Defense

Posted in Agreements, Contracts, Law Suits, Mixed Bag of Nuts, Patents

In an age of rising healthcare costs, pharmaceutical companies can be an easy target in calls for patent reform.  Patent protection helps drug manufacturers recoup their investment in developing the new drug,.  It also prevents generic manufacturers from releasing the same drug formulation at lower cost.  The Hatch-Waxman Act provides a pathway for generic manufacturers… Continue Reading

Supreme Court Justices’ Questions in Oil States Suggest Inter Partes Review Will Be Upheld as Constitutional

Posted in Articles, Civil Procedure, Infringement, Law Suits, Patents, USPTO

On Monday, November 27, 2017, the U.S. Supreme Court heard argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712. The case presents a direct challenge to the U.S. Patent and Trademark Office’s (“USPTO’s”) “inter partes review” (“IPR”) process, under which third parties can petition the USPTO’s Patent Trial and Appeal… Continue Reading