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At High Court, Just One IP Case That Matters
The 2017 term at the U.S. Supreme Court looks to be a quiet one for intellectual property. But with one potential bang in the middle.
The High Court has put only two IP cases on its docket thus far. Last year, it heard eight. Both of this year's cases involve the Patent Trial and Appeal Board (PTAB) and will be argued Nov. 27. There aren't many other obvious IP candidates on the immediate horizon, other than a wonky extraterritoriality case that the Court has referred to the solicitor general for a recommendation. See, WesternGeco LLCv. ION Geophysical Corp., 16-1011.
But one of the two PTAB cases is potentially explosive. Petitioners in Oil States Energy Services v. Greene's Energy Group, 16-712, argue that an administrative procedure for challenging patent validity is unconstitutional. The procedure, known as inter partes review (IPR) and established five years ago by the America Invents Act (AIA), has quickly become the No. 1 venue for patent validity challenges. Some 7,500 AIA challenges have been filed to date, with more than 1,300 resulting in at least some patent claims cancelled.
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