In, Intellectual Property Litigator Quoted on In-House Counsel Preparation for Oil States Energy Case Decision

In The News
December 1, 2017

Intellectual property litigation counsel Matthew Rizzolo (Washington, D.C.) was quoted in a Nov. 29 “Inside Track” column in response to in-house counsel preparation for a decision in the U.S. Supreme Court’s Oil States Energy Services LLC v. Greene’s Energy Group LLC.

He explains that in the case questioning the constitutionality of the inter partes review proceedings, in-house counsel would lose a cost-control mechanism, and be forced back to district courts to litigate patent validity disputes. Such a change would likely reinvigorate “patent trolls” and increase nuisance lawsuits. He also notes that in-house counsel whose patents may be challenged at the Patent Trial and Appeal Board (PTAB) should consider whether the court’s ruling may affect legal strategy, both at the PTAB and on appeal.