Is Administrative Review of Granted Patents Constitutional? | Impact on Patent Law & Innovation

Is Administrative Review of Granted Patents Constitutional?

The U.S. Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, a case in which the petitioner argues that the most prominent U.S. Patent and Trademark Office process for analyzing the validity of granted patents “violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.” Duke Law's Center for Innovation Policy gathered distinguished practitioners and legal scholars from a variety of perspectives to discuss potential implications of the case for patent law, for the administrative state, and for affected industries.

Panel 1: Oil States’ Impact on Patent Law and Innovation

Panelists: Erika Harmon Arner, Finnegan, Henderson
Paul H. Berghoff, McDonnell Boehnen Hulbert & Berghoff;
Michael V. Messinger, Messinger PLLC
Greg Reilly, Chicago-Kent College of Law
Hans Sauer, Biotechnology Industry Organization
James Smith, Ecolab (former Chief Judge, PTAB)
Rob Sterne, Sterne, Kessler, Goldstein & Fox
Arti Rai, Duke Law School, moderator