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April 24, 2018

Bob Stoll Quoted in IPWatchdog on the Supreme Court Decision in Oil States v. Green Energy

Bob Stoll, partner and co-chair of the Intellectual Property Group in Washington, D.C., was quoted in the IPWatchdog article “Industry Reaction to Supreme Court Decision in Oil States v. Green Energy,” which discusses the Supreme Court’s ruling that inter partes review (IPR) is constitutional both under Article III and the Seventh Amendment to the United States Constitution. In a 7-2 decision, the Court determined that patents are a government franchise that are subject to review by the United States Patent and Trademark Office even after being granted, and can be revoked at any time.

Bob said he was unsurprised by the holding and agreed with Justice Thomas, who wrote for the majority and stated that IPR is simply a reconsideration of the patent grant and that Congress was acting within its authority to authorize the USPTO to conduct that reconsideration. Bob added that he approved of the outcome because ruling against the constitutionality of IPR would “wreak havoc on the U.S, patent system.”

Read “Industry Reaction to Supreme Court Decision in Oil States v. Green Energy.”

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