Law Profs, Tech Cos. Defend AIA Reviews At High Court

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Publish Date:
November 3, 2017
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Law360
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Summary

Congress was well within its power to create America Invents Act reviews, the U.S. Supreme Court has heard lately, as numerous high-technology companies, law professors and advocacy groups defended the proceedings against charges they violate the Constitution.

There has been a steady stream of amicus briefs filed in recent days in a case between Oil States Energy Services LLC and Greene’s Energy Group LLC that have urged the court to uphold the proceedings for challenging the validity of patents.

In a separate brief, a group of more than 70 law professors, which included Stanford’s Mark Lemley and Duke’s Arti Rai, said the idea that only a court has the power to decide the USPTO erred in granting a patent flies in the face of patent law history and Supreme Court precedent.

“Under its … power to establish a patent system, Congress is charged with determining the contours of patent grant,” the law professors wrote. “Congressional power to establish the terms and conditions of the patent grant system includes the power to establish a system for administrative correction of erroneously granted patents.”

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