Patent Riffs & Links: Oil States, SAS, and PTAB/IPR Commentary

Some notes and commentary on the PTAB and IPR.

US Supreme Court rules on two key patent cases: Oil States and SAS Services – key takeaways | JDSUPRA
“OIL STATES ENERGY SERVICES, LLC V. GREENE’S ENERGY GROUP, LLC In this long-awaited decision, the US Supreme Court has ruled that inter partes review does not violate Article III or the Seventh Amendment of the Constitution because patents are public rights for the purposes of this question…”

USPTO Guidance for Dealing with SAS Decision
Patently-O | Dennis Crouch Thu 04/26/2018 2:48pm By Dennis Crouch

Supreme Court Tells the Patent Office That IPR Proceedings Are “All-or-Nothing” Affairs | JDSUPRA
“On April 24, 2018, the same day that the Supreme Court upheld the constitutionality of inter partes review (IPR) challenges to issued patents in one decision (Oil States Energy Services v. Green’s Energy Group), it also issued a decision in SAS Institute, Inc. v…”

3 Questions For Unified Patents CEO Post-Oil States (Part I) | ABOVETHELAW
By Gaston Kroub: “The passage and implementation of the post-grant (e.g., Inter Partes Review or IPR) proceedings created by the America Invents Act has led to the development of numerous new patent-focused business models…”

Supreme Court Speaks on Constitutionality and Scope of Inter Partes Reviews at the PTO | JDSUPRA
“The Supreme Court in Oil States v. Greene’s Energy ruled 7-2 that cancellation of patent claims in an inter partes review does not violate either Article III or the Seventh Amendment of the Constitution…”

A Little More Than Forty Percent: Outcomes At The PTAB, District Court, and the EPO | PATENTPROGRESS.ORG
By Josh Landau: “In the run-up to Oil States, a frequent criticism by opponents of patent reform was that the PTAB was “unfair” and that it invalidated patents at a rate far higher than the district courts would if they had the chance…”

The Supreme Court and IPRs – a Mixed and Messy Bag of Results
Patently-O | Dennis Crouch Thu 04/26/2018 8:13am By Dennis Crouch

What the PTO Giveth, the PTO Can Taketh Away. Inter Partes Reviews are Constitutional. Get Back to Work. | JDSUPRA
“The Supreme Court has finally issued its opinion in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, holding that Inter Partes Review does not violate the Constitution. The majority opinion written by Justice Thomas states that reconsideration of the Government’s decision to grant a public franchise “falls squarely within the public rights doctrine,” and Congress has “permissably reserved the the PTO’s authority to conduct that reconsideration,” and thus the PTO can do so without violating Article III of the Constitution…”

PTAB Chief Judge Addresses Impact of SAS | JDSUPRA
“On April 30, 2018, the Patent Trial and Appeal Board (PTAB) held a “Chat with the Chief” webinar to discuss the impact of SAS Institute Inc. v. Matal, 16-969 (Apr. 24, 2018)…”

USPTO Issues Guidance On PTAB Proceedings In Light Of SAS Institute Case | JDSUPRA “[co author: Wendy Thai] In SAS Institute Inc., v. Iancu et al…”

PTAB Chief Judge Addresses Impact of SAS | JDSUPRA
“On April 30, 2018, the Patent Trial and Appeal Board (PTAB) held a “Chat with the Chief” webinar to discuss the impact of SAS Institute Inc. v. Matal, 16-969 (Apr. 24, 2018)…”

Reactions to Oil States show that patent due process is not dead | IPCLOSEUP
By Bruce Berman: “Two days before World IP Day, on April 24, the Supreme Court of the United States relinquished significant judicial authority for patents to the executive branch in Oil States Energy v. Greene’s Energy…”

Cert Denied in Oil States Follow-On Cases | PATENTLYO
By Dennis Crouch: “Until today, a host of patent cases have been pending before the Supreme Court — hanging onto the coattails of Oil States. Following full affirmance of the IPR regime, the Supreme Court has now denied certiorari in those cases…”

FCBA Webast on Oil States & SAS Institute | FEEDPROXY.GOOGLE
By Michael Borella: “The Federal Circuit Bar Association (FCBA) will be offering a webcast entitled ‘The Supreme Court Decided Oil States & SAS Institute: Now What?’ on May 2, 2018 from 3:00 pm to 4:00 pm (EST). Emily Johnson of Amgen, Inc. will moderate a panel consisting of Allyson Ho of Morgan Lewis & Bockius LLP, Christopher Suarez of Williams & Connolly LLP, Gregory Castanias of Jones Day, and Russell Cass of Clark Hill PLC…”

PTO Litigation Report – May 1, 2018 | PTOLITIGATIONCENTER
“Listed below are all new filings before the PTAB of petitions for inter partes review (IPR), covered business methods review (CBM), and post grant review (PGR). Since the last report, no new requests for ex parte reexamination at the USPTO have been posted…”

Supreme Court Upholds IPR Patent Challenges

Supreme Court Nixes USPTO’s Practice of Partially Instituting IPR Challenges

U.S. Supreme Court Rules That Inter Partes Review Challenges On Patent Validity Before the U.S. Patent and Trademark Office Are Constitutional

Supreme Court Rules AIA Patent Reviews Are Constitutional, But PTAB Cannot Conduct Partial Reviews

Supreme Court Upholds Constitutionality of IPRs

U.S. Supreme Court Rules America Invents Acts Reviews by the Patent Trial and Appeal Board arm of the Patent and Trademark Office are Constitutional

US Supreme Court: Patent Office Allowed To Cancel Bad Patents

Thanks for Nothing, Supreme Court. You Left Patents a Mess.

Patent Trolls Lose Key Supreme Court Contest

Supreme Court gives an important patent review procedure a thumbs-up

Supreme Court Upholds Constitutionality of IPRs and Ends PTAB Practice of Instituting IPR Decisions on Fewer than All Challenged Claims

The Supreme Court Upholds Inter Partes Review at the USPTO

In Face of Separation of Powers Challenge, Supreme Court Upholds Patent Office Inter Partes Review

A Divided Supreme Court Upholds Inter Partes Review’s Constitutionality but Constrains the Patent Office’s Authority

Supremes Preserve PTO Ammo Against Patent Trolls

Supreme Court Decides Oil States – Inter Partes Review Does Not Violate Article III or the 7th Amendment
Patents4Life | Warren Woessner