The Supreme Court's upcoming decisions in Oil States Energy Services, LLC v. Greene's Energy Group, LLC (No. 16-712) and SAS Institute Inc. v. Matal (No. 16-969) have the potential to dramatically change Patent Trial and Appeal Board (PTAB) practice and the patent system as a whole. In Oil States, the Court will determine whether inter partes review (IPR) is constitutional. And in SAS, the Court will determine whether the PTAB must provide a final written decision for every challenged claim in an IPR petition.
We have several ways to keep you up to date on these cases.
- For a short primer on Oil States and its potential ramifications, check out this podcast by Erika Arner and Josh Goldberg.
- For a more detailed look at the issues raised in Oil States, this article by Erika Arner, Jon Self, and Luke MacDonald has you covered.
- And for a detailed look at the oral arguments in both the Oil States and SAS cases, predictions of how the Court might rule based on those arguments, and practical pointers for what to do now while the cases are pending, see this webinar presented by Rachel Emsley, Cara Lasswell, Trenton Ward, and Jason Stach.
Stay tuned to the AIA Blog for further updates on these cases.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
