Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioner in this case.

Holding: Inter partes review -- 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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