SCOTUS decision out on Oil States and SAS – A Big Day

SCOTUS Exterior

What we know:

The Full Decision Here

Holding: IPR — which authorizes the United States Patent and Trademark Office to reconsider and cancel an already-issued patent claim, under 35 U. S. C. §§311–319 — does not violate Article III or the Seventh Amendment of the Constitution.

Judgment: Affirmed 7-2, in an opinion by Justice Thomas on April 24, 2018. Justice Breyer filed a concurring opinion, in which Justices Ginsburg and Sotomayor joined. Justice Gorsuch filed a dissenting opinion, in which Chief Justice Roberts joined.

 

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