Bob Stoll, partner and co-chair of the intellectual property group in Washington, D.C., was quoted in an IP Watchdog article titled “Predicting Oil States in Advance of SCOTUS Oral Arguments.” The oral arguments in Oil States v. Greene’s Energy Group, scheduled for Monday, November 27, will give the Supreme Court its first opportunity to discuss the constitutionality of inter partes review, a process created by the America Invents Act to expedite determination of patent validity. The article consults several intellectual property professionals to discuss potential outcomes of the hearing.

Bob says, “I think that Oil States is one of those rare cases that the Supreme Court takes up to affirm the Court of Appeals for the Federal Circuit… The chaos that could result from a reversal will drive the decision.” He emphasizes that there would be significant fallout if inter partes review were deemed invalid, particularly regarding patent validation cases that have already been decided. Bob predicts that the Supreme Court will deem patents to be “quasi-public” -neither fully private nor fully public - in order to justify its decision.

Read “Predicting Oil States in Advance of SCOTUS Oral Arguments.”

Source: IP Watchdog
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