The U.S. Supreme Court issued two significant decisions addressing the inter partes review regime today.
In a 7-2 decision, the Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC held that IPR does not violate either Article III or the Seventh Amendment of the U.S. Constitution. Justices Gorsuch and Roberts dissented.
In a decision split along political lines, the Court in SAS Institute Inc. v. Iancu ruled that the PTAB’s practice of partial institutions of IPR is improper. If the PTAB institutes an IPR, the PTAB must address every claim the petitioner has challenged. Justices Ginsberg, Breyer, Sotomayor, and Kagan dissented.
Stay tuned for further analysis of both of these decisions.