For our weekly SoCal IP Institute meeting on Monday, April 30, 2018, we will discuss:
Oil States Energy Services v. Greene’s Energy Group, (US April 24, 2018) (available here). Plaintiff sued defendant for patent infringement. Defendant invalidated the asserted patent by instituting and winning an IPR. Plaintiff argued that inter partes review violates Article III and the Seventh Amendment of the Constitution. The Supreme Court disagreed finding that IPR’s are constitutional.
SAS Institute v. Iancu , (US April 24, 2018) (available here). The Supreme Court decided when an IPR is instituted, the patent office must examine all claims challenged by petitioner. Said the court, “The statute, we find, supplies a clear answer: the Patent Office must ‘issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner.’
35 U. S. C. §318(a) (emphasis added). In this context, as in so many others, ‘any’ means ‘every.’ The agency cannot curate the claims at issue but must decide them all.”
All are invited to join us on Monday April 30, 2018, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.
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