Oil States Q&A: Will Oil States Affect Other Types of PTAB Trials, Like Covered Business Method Reviews (CBM) and Post-Grant Reviews (PGR)?
April 25, 2018
Authored and Edited by Jason E. Stach; Maureen D. Queler
Will Oil States affect other types of PTAB trials, like Covered Business Method Reviews (CBM) and Post-Grant Reviews (PGR)?
There are some differences between IPRs, CBMs, and PGRs, but they are all decided by the same administrative body—the PTAB within the Patent Office—and all consider “the same statutory requirements that the PTO considered when granting the patent.”1 They also all provide the same relief to the petitioner, which is cancelation of patent claims if the petitioner meets its burden. These were two of the operative facts that led to the Oil States constitutionality finding for IPRs, and it appears that those similarities would also support Article III and Seventh Amendment constitutionality for CBMs and PGRs.
[1] Oil States Energy Services LLC v. Greene’s Energy Group, LLC, 16-712, Supreme Court, slip op. at 8.
Tags
America Invents Act (AIA), Oil States Energy Services LLC v. Greene’s Energy Group LLC, Oil States Q&A, Supreme Court of the United States (SCOTUS)
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