The Supreme Court has set the date for oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. The argument will take place on November 27, 2017. The question presented in Oil States is:
Issue: Whether inter partes review, an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents, violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.
Link to ScotusBlog: [Link].
The oral argument in SAS Institute Inc. v. Matal will also take place on November 27, 2017. The question presented in that case is:
Issue: Whether 35 U.S.C. § 318(a), which provides that the Patent Trial and Appeal Board in an inter partes review “shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner,” requires that Board to issue a final written decision as to every claim challenged by the petitioner, or whether it allows that Board to issue a final written decision with respect to the patentability of only some of the patent claims challenged by the petitioner, as the U.S. Court of Appeals for the Federal Circuit held.
Link to ScotusBlog: [Link].
Have you ever noticed how many amicus briefs the Houston Intellectual Property Law Association (HIPLA) files. They really put to shame other bar organizations around the country, as far as engagement in the amicus process is concerned.