On November 27, 2017 the U.S. Supreme Court will hear oral arguments in Oil States Energy Services vs. Greene's Energy Group, a case that calls into question whether America Invents Act (AIA) reviews are unconstitutional. Law360 reached to Finnegan partner Erika Arner for her thoughts on what we might expect from the oral arguments.
Erika said, "If the court decides inter partes reviews are unconstitutional, it would be a pretty drastic outcome, at least initially. It would leave so many open questions about what happens next." Erika is a proponent of finding a middle ground. She said, "I don't think it means they have to blow up the whole system if they don’t like it." One thought is that the Supreme Court could keep inter partes review in place but require them to be more in line with district court litigation. Erika said, "That's a dial they might try and turn to bring IPRs closer to district court and allay concerns about potentially inconsistent outcomes."
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Oil States Energy Services LLC v. Greene’s Energy Group LLC, Supreme Court of the United States (SCOTUS)
