In Law.com, Intellectual Property Litigators Quoted on In-House Counsel Preparation for Oil States Energy Case Decision
Intellectual property litigation partner Scott McKeown and counsel Matthew Rizzolo (both of Washington, D.C.) were quoted in a Nov. 29 Law.com “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.
They explain 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. They also note 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.