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.
On November 27, 2017, the Supreme Court heard oral arguments in these two cases. A transcript of the argument in the Oil States case is available at this link, and a transcript of the oral argument in the SAS Institute case is available at this link.
Decisions in both cases can be expected in the spring of 2018.
Pending En Banc CAFC Decision
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.