In November, the U.S. Supreme Court will consider the constitutionality of inter partes review, a popular administrative process for determining patent validity. With the argument date nearing, counsel from Facebook Inc., General Electric Co. and Intel Corp. are making their cases for IPR.
The Supreme Court is slated to hear arguments on Nov. 27 in the case, Oil States Energy Services v. Greene’s Energy Group, which questions whether IPR violates the Constitution by eliminating a private property right without the option of a jury trial. In August, a number of voices—from professors, to companies and in-house counsel—weighed in to support Oil States Energy Services’ position that suits to invalidate patents need to be tried before a jury in an Article III forum.
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