Energy Firm Tells High Court That Inter Partes Review Is Unconstitutional

Mealey's (September 28, 2017, 4:25 PM EDT) -- WASHINGTON, D.C. — The inter partes review (IPR) method of challenging a patent’s validity violates Article III of the U.S. Constitution and the Seventh Amendment, a patentee argues in its Aug. 24 merits brief to the U.S. Supreme Court, because it supplants the roles of a judge and jury with a decision by the U.S. Patent and Trademark Office’s (PTO’s) Patent and Trial Appeal Board (PTAB), which is not part of the Judicial Branch (Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, U.S. Sup.)....