Saturday, October 28, 2017

Professor Richard Epstein - The Supreme Court Tackles Patent Reform

In The Supreme Court Tackles Patent Reform, NYU Professor Richard Epstein discusses the Oil States case currently being reviewed by the U.S. Supreme Court and raises some interesting constitutional arguments against AIA inter partes review (IPR).

Because IPRs have been effective at invalidating U.S. patents based on written prior art, the article is worth reading whether you do or don't like patents. I agree the case could be significant. As Professor Epstein states in the article, "Oil States Energy Services, LLC v. Greene’s Energy Group, LLC is the most important intellectual property case to come before the Supreme Court in many years. It challenges some of the innovative dispute resolution provisions of the 2011 American Invents Act (AIA) the most significant legislative reform of patent law since the Patent Act of 1952. Oil States assumes its vast significance because its outcome will determine, perhaps for decades, the litigation framework for all future patent disputes."

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