AIA Constitutionality Case Could Create Patent Law Chaos

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."