SCOTUS to rule if inter partes review is unconstitutional

Yesterday, the Supreme Court of the United States (SCOTUS) granted certiorari in Oil States vs. Greene’s Energy Group, on the question of whether the AIA inter partes review violates the U.S. Constitution by extinguishing private property rights through a non-Article III forum without a jury.  The case will be argued in the October term, and a decision is expected before the end of June 2018. The news has created a great expectation, as these proceedings have become a popular route to challenge patents since they were made available by the AIA.

// Isabel Cantallops Fiol