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Amicus Arguments For And Against Inter Partes Review

By Thomas King ( November 22, 2017, 2:29 PM EST) -- Over the last five years, the U.S. patent system has been dramatically impacted by new post-grant proceedings such as inter partes reviews. However, the constitutionality of these proceedings has been called into question by the U.S. Supreme Court granting certiorari in Oil States Energy Services LLC v. Greene's Energy Group LLC, which asks whether IPRs are consistent with Article III and the Seventh amendment. Recognizing the potential of a decision in Oil States to impact the patent system, over 50 amicus briefs representing hundreds of amici and a substantial share of the U.S. GDP have been filed with the court....

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