Pending Supreme Court Decisions

The Supreme Court will decide during its October 2017 term “Whether inter partes review—an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.” Oil States Energy Services, LLC v. Green’s Energy Group, LLC, Sup. Ct. Dkt. 16-712.  Read more.

The Supreme Court also will decide during its October 2017 term whether the PTAB must issue a final written decision as to every patent claim challenged by a petitioner.  SAS Institute, Inc. v. Matal, Sup. Ct. Dkt. 16-969.  Read more.

Pending En Banc CAFC Decisions

An en banc panel of the Federal Circuit will soon decide whether, on appeal, patent owners may challenge the PTAB’s determination that petitioners have satisfied the timeliness requirement of 35 U.S.C. § 315(b) governing the filing of petitions for inter partes review. Wi-Fi One, LLC v. Broadcom Corp., Fed. Cir. Dkt. 2015-1944. Read more.

An en banc panel of the Federal Circuit will soon decide whether a patent owner moving to amend claims in inter partes review must bear the burden of persuasion or production regarding patentability of the amended claims, and whether the PTAB may sua sponte challenge the patentability of the claims. In re Aqua Prods., Inc., Fed. Cir. Dkt. 2015-1177. Read more.