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Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

 
DOCKET NO.
16-712
OP. BELOW
Fed. Cir.
OPINION
April 24, 2018
SUBJECT
Patent
AUTHOR
Thomas

Question(s) Presented

“The Leahy–Smith America Invents Act, 35 U.S.C. § 100 et seq., establishes a process called ‘inter partes review.’ Under that process, the United States Patent and Trademark Office (PTO) is authorized to reconsider and to cancel an issued patent claim in limited circumstances. In this case, we address whether inter partes review violates Article III or the Seventh Amendment of the Constitution.”

Holding

“We hold that it violates neither. . . . Because inter partes review does not violate Article III or the Seventh Amendment, we affirm the judgment of the Court of Appeals.”

Posts About this Case

Date
Proceedings and Orders
October 13, 2016
Application (16A365) to extend the time to file a petition for a writ of certiorari from October 24, 2016 to November 23, 2016, submitted to The Chief Justice.
October 14, 2016
Application (16A365) granted by The Chief Justice extending the time to file until November 23, 2016.
November 23, 2016
Petition for a writ of certiorari filed. (Response due December 29, 2016)
December 12, 2016
Waiver of right of respondent Michelle K. Lee, Director, Patent and Trademark Office to respond filed.
December 19, 2016
Order extending time to file response to petition to and including January 30, 2017.
January 30, 2017
Brief of respondent Greene's Energy Group, LLC in opposition filed.
February 14, 2017
Reply of petitioner Oil States Energy Services, LLC filed.
February 15, 2017
DISTRIBUTED for Conference of March 3, 2017.
February 27, 2017
Response Requested from Michelle K. Lee, Director, Patent and Trademark Office. (Due March 29, 2017)
March 22, 2017
Order extending time to file response to petition to and including April 28, 2017.
April 28, 2017
Brief of Federal Respondent in opposition filed.
May 15, 2017
Reply of petitioner Oil States Energy Services, LLC filed.
May 16, 2017
DISTRIBUTED for Conference of June 1, 2017.
June 5, 2017
DISTRIBUTED for Conference of June 8, 2017.
June 12, 2017
Petition GRANTED limited to Question 1 presented by the petition.
July 7, 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
July 13, 2017
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 24, 2017.
July 13, 2017
The time to file respondents' briefs on the merits is extended to and including October 23, 2017.
July 13, 2017
The reply brief on the merits is to be filed on or before November 20, 2017.
August 11, 2017
Blanket Consent filed by Respondent, Greene's Energy Group, LLC.
August 17, 2017
Brief amici curiae of H. Tomas Gomez-Arostegui and Sean Bottomley in support of neither party filed.
August 24, 2017
Joint appendix filed. (Statement of costs filed)
August 24, 2017
Brief of petitioner Oil States Energy Services, LLC filed.
August 25, 2017
Brief amicus curiae of Alliacense Limited LLC filed.
August 29, 2017
Brief amici curiae of US Inventor, Inc., et al. filed.
August 29, 2017
Brief amicus curiae of Security People, Inc. filed (correction noted).
August 30, 2017
Blanket Consent filed by Respondent, Joseph Matal, Interim Director, United States Patent and Trademark Office.
August 30, 2017
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
August 30, 2017
Brief amicus curiae of Unisone Strategic IP, Inc. filed.
August 30, 2017
Brief amici curiae of Thirty-Nine Affected Patent Owners filed.
August 31, 2017
Brief amici curiae of The Civil Jury Project at New York University School of Law in support of neither party filed.
August 31, 2017
Brief amici curiae of J. Kenneth Blackwell, et al. filed.
August 31, 2017
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
August 31, 2017
Brief amicus curiae of LiquidPower Specialty Products Inc. filed.
August 31, 2017
Brief amicus curiae of Boston Patent Law Association (BPLA) in support of neither party filed.
August 31, 2017
Brief amici curiae of AbbVie, Inc., et al. filed.
August 31, 2017
Brief amicus curiae of the Pharmaceutical Research and Manufacturers of America filed.
August 31, 2017
Brief amicus curiae of Evolutionary Intelligence LLC filed.
August 31, 2017
Brief amicus curiae of The Patent Trial and Appeal Board Bar Association in support of neither party filed.
August 31, 2017
Brief amicus curiae of the Association of Amicus Counsel in support of neither party filed.
August 31, 2017
Brief amici curiae of InterDigital, Inc., et al. filed.
August 31, 2017
Brief amicus curiae of University of New Mexico filed.
August 31, 2017
Brief amici curiae of Cato Institute and American Conservative Union Foundation filed.
August 31, 2017
Brief amici curiae of Biotechnology Innovation Organization (BIO), et al. filed.
August 31, 2017
Brief amici curiae of Professor James W. Ely, Jr., et al. filed.
August 31, 2017
Brief amicus curiae of IEEE - USA filed.
August 31, 2017
Brief amicus curiae of Shire Pharmaceuticals, LLC in support of neither party filed.
August 31, 2017
Brief amici curiae of Gary Lauder, et al. filed.
August 31, 2017
Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
August 31, 2017
Brief amicus curiae of Professor Dmitry Karshtedt filed.
August 31, 2017
Brief amici curiae of 3M Company, et al. in support of neither party filed.
August 31, 2017
Brief amici curiae of 27 Law Professors filed.
August 31, 2017
Brief amici curiae of Pacific Legal Foundation, et al. filed.
August 31, 2017
Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed.
September 1, 2017
Blanket Consent filed by Respondent, Joseph Matal, Interim Director, United States Patent and Trademark Office.
September 19, 2017
Motion for leave to file amicus brief out of time filed by Houston Intellectual Property Law Association in support of neither party.
October 6, 2017
SET FOR ARGUMENT On Monday, November 27, 2017.
October 10, 2017
Motion for leave to file amicus brief filed by Houston Intellectual Property Law Association in support of neither party GRANTED.
October 20, 2017
CIRCULATED
October 23, 2017
Brief of respondent Greene's Energy Group, LLC filed. (Distributed)
October 23, 2017
Brief of respondent Federal Respondent filed. (Distributed)
October 25, 2017
Brief amici curiae of SAP America, et al. filed. (Distributed)
October 26, 2017
Brief amici curiae of Public Knowledge, et al. filed. (Distributed)
October 26, 2017
Brief amicus curiae of Knowledge Ecology International filed. (Distributed)
October 26, 2017
Brief amicus curiae of U.S. Golf Manufacturers Council filed. (Distributed)
October 27, 2017
Motion for divided argument filed by federal respondent.
October 27, 2017
Brief amicus curiae of Professor Lee A. Hollaar filed. (Distributed)
October 30, 2017
Brief amicus curiae of Association for Accessible Medicines filed. (Distributed)
October 30, 2017
Brief amici curiae of Dell Inc., et al. filed. (Distributed)
October 30, 2017
Brief amicus curiae of Apple Inc. filed. (Distributed)
October 30, 2017
Brief amici curiae of Intel, et al. filed. (Distributed)
October 30, 2017
Brief amicus curiae of Askeladden LLC filed. (Distributed)
October 30, 2017
Brief amicus curiae of General Electric Company filed. (Distributed)
October 30, 2017
Brief amicus curiae of Alliance of Automobile Manufacturers filed. (Distributed)
October 30, 2017
Brief amicus curiae of America's Health Insurance Plans filed. (Distributed)
October 30, 2017
Brief amici curiae of Internet Association, et al. filed. (Distributed)
October 30, 2017
Brief amici curiae of Retail Litigation Center, Inc., et al. filed. (Distributed)
October 30, 2017
Brief amici curiae of Arris Group, Inc., et al. filed. (Distributed)
October 30, 2017
Brief amici curiae of AARP and AARP Foundation filed. (Distributed)
October 30, 2017
Brief amicus curiae of Volkswagen Group of America filed. (Distributed)
October 30, 2017
Brief amici curiae of Professors of Administrative Law, et al. filed. (Distributed)
October 30, 2017
Brief amicus curiae of Unified Patents Inc. filed. (Distributed)
October 30, 2017
Brief amicus curiae of Initiative for Medicines, Access & Knowledge (I-MAK) filed. (Distributed)
October 30, 2017
Brief amicus curiae of BSA I The Software Alliance filed. (Distributed)
October 30, 2017
Brief amicus curiae of Taiwan Semiconductor Manufacturing Co., Ltd. filed. (Distributed)
October 30, 2017
Brief amicus curiae of Act I The App Association filed. (Distributed)
October 30, 2017
Brief amicus curiae of Mylan Pharmaceuticals Inc. filed. (Distributed)
October 30, 2017
Brief amicus curiae of 72 Professors of Intellectual Property Law filed. (Distributed)
November 17, 2017
Reply of petitioner Oil States Energy Services, LLC filed. (Distributed)
November 21, 2017
Motion for divided argument filed by respondents GRANTED.
November 27, 2017
Argued. For petitioner: Allyson N. Ho, Dallas, Tex. For respondent Greene's Energy Group, LLC: Christopher M. Kise, Tallahassee, Fla. For federal respondent: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
April 24, 2018
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion, in which Ginsburg and Sotomayor, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Roberts, C. J., joined.
May 29, 2018
JUDGMENT ISSUED.