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Supreme Court upholds challenged patent review practice

April 24, 2018

The Supreme Court has upheld a challenged practice that is used to invalidate patents without the involvement of federal courts.

The justices on Tuesday rejected a bid to strike down a process established by Congress in 2011 to speed up patent reviews.

The justices voted 7-2 in favor of the U.S. Patent and Trademark Office’s patent review process. It has been used to invalidate hundreds of patents since it was established in 2012.

Tuesday's ruling aligns with the predictions Indiana patent law attorneys and experts made about the Court's likely decision after oral argument last November. 

Chief Justice John Roberts and Justice Neil Gorsuch dissented from the majority in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, et al., 16-712.

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