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Patents Administrative Law Constitutional Law Intellectual Property United States Supreme Court

The Rescue Effort for AIA Patent Trials Is Underway in SCOTUS

The U.S. solicitor general, law professors, nonprofits and even one pharma company make the case for saving the Patent and Trial Appeal Board as a cost-effective mechanism for challenging patents.


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Mark Lemley, Stanford Law professor and Durie Tangri partner. Mark Lemley, Stanford Law professor and Durie Tangri partner.

For two months they have sat on the Supreme Court docket, casting a pall over the Patent Trial and Appeal Board. The briefs of Oil States Energy Services LLC and some 25 amici curiae take direct constitutional aim at the PTAB. They argue that patents are a private right that can be extinguished only by an Article III court. The high court has set a Nov. 27 hearing.

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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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