In Patent Respect, Professor Richard Epstein continues to discuss Oil States Energy Services, LLC v. Greene's Energy Group LLC, which will be heard by the Supreme Court on November 27. Again, some persuasive arguments by a smart professor who is a leading expert on property law for decades. This case considers question of whether inter partes review by the USPTO to analyze the validity of patents violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury. If the Supreme Court rules inter partes review is held unconstitutional in Oil States, it should benefit many small entity patent owners.
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