On June 12, 2017, the Supreme Court agreed to hear Oil States Energy Services LLC v. Greene’s Energy Group LLC, a case that challenges the constitutionality of America Invents Act (AIA) proceedings. Oil States Energy argues that under the U.S. Constitution, only federal courts, not executive branch tribunals like the Patent Trial and Appeal Board (PTAB) can decide whether a patent is invalid. Law360 contacted Finnegan partner Joshua L. Goldberg for his thoughts.
He said, "It seems to me the main issue this is going to boil down to is whether patents should be treated as public rights or private rights...It would seem very problematic if the Supreme Court were to come in and say everything that has happened for the last 30plus years shouldn’t have happened."
Oil States Energy Services LLC v. Greene’s Energy Group LLC, Supreme Court of the United States (SCOTUS), America Invents Act (AIA), Patent Trial and Appeal Board (PTAB)
Press Release
October 6, 2026
Commentary
Federal Circuit Revives Whistleblower Complaint Over VA's AI Claims-Processing Tool
September 25, 2026
Award/Ranking
Finnegan Named an IP Litigation Powerhouse in BTI Litigation Outlook 2027
September 24, 2026
Press Release
Finnegan Secures Precedential Pro Bono Federal Circuit Victory for AI Whistleblower
September 23, 2026
Award/Ranking
Finnegan Receives Top Tier Rankings in World Trademark Review’s Inaugural Copyright 1000 2026
September 23, 2026
Commentary
New Thomas Pink Womenswear Lines Strain ‘Pink’ Pact with Victoria’s Secret
September 21, 2026
Commentary
FORUM IP Talks: Dr. Jochen Herr on UPC, FRAND, and Cross-Border Enforcement Topics
September 20, 2026
Commentary
Pepsi's U.S. Trademark Dispute Could Reshape Brand Choices, Lawsuit Strategy, Lawyers Say
September 17, 2026
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.