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U.S. Supreme Court building.

On Monday morning, the U.S. Supreme Court will consider two cases that could upend or significantly reshape inter partes review, the popular administrative process for determining patent validity.

The first case, Oil States v. Greene’s Energy, is the colossus, a constitutional challenge to IPRs that also has immense commercial implications as evidenced in the dozens of amicus briefs filed on both sides. Pharmaceutical, agricultural and industrial heavyweights such as Abbvie Inc., Allergan Inc., Johnson & Johnson, Monsanto Co. and 3M Co. are calling for an end to IPRs. Meanwhile, technology companies including Facebook, Dell, Apple, Twitter, Google, Xerox have come out in support of the process as a cost-efficient and fair method for resolving validity.

Morgan, Lewis & Bockius partner Allyson Ho is arguing for Oil States. Partner Christopher Kise of Foley & Lardner is representing Greene’s Energy. The U.S. Patent and Trademark Office will be represented by Deputy Solicitor General Malcolm Stewart. (In the related case, SAS Institute v. Matal, Jones Day partner Gregory Castanias, head of the firm’s Federal Circuit team, is arguing for SAS Institute.)

Join Law.com’s lead IP reporter Scott Graham on Tuesday, Nov. 28 for a day-after debrief by conference call. He’ll be comparing notes with Orrick, Herrington & Sutcliffe partner Mark Davies. To register, click here.

Here’s a guide to what to watch for on Monday:

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Scott Graham

Scott Graham focuses on intellectual property and the U.S. Court of Appeals for the Federal Circuit. He writes ALM's Skilled in the Art IP briefing. Contact him at [email protected]

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