IP Litigators Examine Two U.S. Supreme Court Patent Case Decisions
IP litigation partner and PTAB chair Scott McKeown and IP litigation counsel Matthew Rizzolo (both of Washington, D.C.) examined the U.S. Supreme Court’s two highly anticipated decisions in Oil States and SAS Institute, which have a significant impact on inter partes review proceedings before the Patent Trial and Appeal Board.
Mr. McKeown and Mr. Rizzolo were quoted in articles published April 24–25 by Law360, Bloomberg BNA’s Patent, Trademark & Copyright Journal, Managing Intellectual Property, Law.com’s “Skilled in the Art,” World Intellectual Property Review and IPWatchdog.
In the Supreme Court’s Oil States Energy Services LLC v. Greene’s Energy Group LLC, the Justices upheld the constitutionality of America Invents Act patent validity reviews at the PTAB; and in SAS Institute Inc. v. Iancu, the court ruled the PTAB must decide the validity of every challenged patent claim when it agrees to institute AIA reviews.