The U.S. Supreme Court maintained the status quo at the U.S. Patent and Trademark Office Tuesday while also shaking things up at the Patent Trial and Appeal Board in a separate companion decision that will force changes to operating procedures.
The court ruled 7-2 in Oil States v. Greene’s Energy Services that the inter partes review procedure created by the 2011 America Invents Act does not encroach on Article III or the Seventh Amendment, though the court left open the possibility of a due process or takings-based challenge.
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