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Patents

“SAS: When the Patent Office Institutes IPR It Must Decide Patentability of All Challenged Claims.” Quinn et. al. IPWatchdog (April 2018)

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Yesterday the United States Supreme Court issued decisions in both Oil States v. Green Energy and SAS Institute v. Iancu. In Oil States the Supreme Court upheld the constitutionality of inter partes review (see here, here and here). In SAS Institute, a 5-4 majority ruled that there is no authorization in the statute for the Patent Trial and Appeal Board (PTAB) to partially institute a petition for inter partes review. Thus, the Supreme Court held that when the Patent Office institutes an inter partes review it must decide the patentability of all of the claims the petitioner has challenged.

To provide instant reaction to the Supreme Court’s decision in SAS Institute we’ve reached out to an All-Star panel of industry experts for their take on this important decision. Their analysis follows.

“SAS: When the Patent Office Institutes IPR It Must Decide Patentability of All Challenged Claims.” Quinn et. al. IPWatchdog (April 2018), available here.

“Industry Reaction to Supreme Court Decision in Oil State v. Green Energy.” Quinn et. al. IPWatchdog (April 2018)

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Earlier today the United States Supreme Court issued its decision in Oil States v. Green Energy, finding that inter partes review is constitutional both under Article III and the Seventh Amendment to the United States Constitution. In a 7-2 decision, the Court determined that patents are a government franchise that are subject to review by the Patent Office even after granting, and can be revoked at any time.

“Industry Reaction to Supreme Court Decision in Oil State v. Green Energy.” Quinn et. al. IPWatchdog (April 2018), available here.

“Imagine There’s No ‘Bad Patents’ – Patent Life Cycle Metrics.” Richardson. Strategic Intellectual Property Leadership Conference (SLIC) (April 2007)

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Determining whether a patent is a “good” asset can be tricky. With a patent’s value typically being realized almost ten years after its grant, how can we know the value of any newly-granted patent? We offer concrete metrics as to how to gauge patent value at each point of its life cycle.

“Imagine There’s No ‘Bad Patents’ – Patent Life Cycle Metrics.” Richardson. Strategic Intellectual Property Leadership Conference (SLIC) (April 2007), available here.