Fenwick litigation partner Charlene Morrow talked to Law360 about U.S. Supreme Court case Oil States Energy Services LLC v. Greene's Energy Group LLC, discussing how the case may abolish the AIA’s inter partes review system.
In oral arguments, the Court will consider if the Patent Trial and Appeal Board has the constitutional authority to find patents invalid.
Morrow explained to Law360 that such a decision could shift the balance of power to patent owners by making patents more expensive to invalidate, while also creating new issues to consider, such as whether other processes for challenging patents are also unconstitutional.
Morrow mentioned she was surprised the justices agreed to hear the Oil States case, "given that re-examinations have been around for so long, and there were prior opportunities for the court to take up re-examinations, but they didn't do it."
"It will be interesting to hear the perspective of the court on the history of our system… if the court disrupts the system here, it could disrupt other areas of administrative law," Morrow noted.
The full article is available through the Law360 website (subscription required).