Michael Best Partner Marshall Schmitt was quoted in The Hill's article, "Supreme Court to examine legality of patent reviews" on June 12, 2017.
The Supreme Court on Monday agreed to take a case that could affect the process used for challenging patents in the United States.
The challenge focuses on inter partes reviews, a rule that was created in 2012 as part of the America Invents Act that allows companies and individuals to challenge patents at the U.S. Patent and Trademark Office (PTO).
In the case, Oil States Energy Services (OSES) is challenging the constitutionality of inter partes reviews on the grounds that the PTO reviews deprive patent owners of the right to a jury trial to defend their patents.
Greene’s Energy Group LLC, the defendant in the case, says the PTO is within the bounds of the law in reviewing patent challenges.
To read the entire aritcle on The Hill, click here.