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U.S. Supreme Court,
Civil Litigation,
Intellectual Property

Apr. 25, 2018

Supreme Court affirms patents as public rights, rules appeal board must decide all claims

In dual decisions issued Tuesday by the U.S. Supreme Court, an administrative process for challenging patents was affirmed but underwent a key procedural change.

Supreme Court affirms patents as public rights, rules appeal board must decide all claims
U.S. Supreme Court Justice Neil Gorsuch authored one opinion on patent law Wednesday and dissented in another that was written by Justice Clarence Thomas.

In dual decisions issued Tuesday by the U.S. Supreme Court, an administrative process for challenging patents was affirmed but underwent a key procedural change.

In a closely-watched case, a plaintiff challenged the constitutionality of inter partes review, a process instituted by the 2012 America Invents Act in which the U.S. Patent and Trademark Office can reconsider and cancel previously-issued patents. Oil States Energy Servi...

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