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Analysis – future of the PTAB on the line in Oil States case

Michael Loney, New York


The US Supreme Court would create a mess that would need Congressional action were it to find inter partes reviews unconstitutional in the Oil States case. But a reversal of the Federal Circuit in this case is less likely than in other patent cases the court has taken on recently

It seems the US Supreme Court is not content just to upend venue in patent cases this term. Next term it might blow up the very existence of the biggest game changer in patent litigation of the past five years:...


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