Fitzpatrick Case Update
April 25, 2018
On April 24, 2018, the Supreme Court in Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, No. 16-712, held 7-2 that the inter partes review procedure created by the America Invents Act of 2011 (AIA) does not violate Article III or the Seventh Amendment of the U.S. Constitution, because patents are public rights, and public rights need not be adjudicated before an Article III court or in a jury trial. Justice Gorsuch wrote a dissenting opinion that was joined by Chief Justice Roberts.