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December 1, 2017In the News

Schmitt quoted in "Oil States arguments: SCOTUS unlikely to find IPRs unconstitutional"

Intellectual Property Magazine

Partner Marshall Schmitt was quoted in Intellectual Property Magazine's article, "Oil States arguments: SCOTUS unlikely to find IPRs unconstitutional" on December 1, 2017.

"Agreeing with this, Michael Best’s Marshall Schmitt commented that the panel’s questioning betrayed a belief that IPR proceedings are another mechanism for the USPTO to correct errors it made in the initial examination process. 

“Justice Gorsuch was the most active questioner possibly inclined towards finding IPRs unconstitutional, but in some instances, even his questions acknowledged the strength of arguments in favour of upholding IPRs offered by respondent and the government.

“Although a few questions appeared sympathetic to petitioner in the court, it appears unlikely that the petitioner will be able to muster five votes in its favour,” he said."

To read the entire Intellectual Property Magazine article, click here.

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