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posted by janrinok on Wednesday April 25 2018, @11:02AM   Printer-friendly
from the now,-let's-look-at-some-of-those-dodgy-claims dept.

World IP Review reports

Inter partes reviews (IPRs) do not violate the US Constitution and the Patent Trial and Appeal Board has authority to invalidate patents.

This is the holding of the US Supreme Court, which handed down its decision in Oil States Energy Services v Greene's Energy Group today.

In June last year, the court granted[1] Oil States' petition for certiorari.

Oil States, a provider of services to oil and gas companies, had claimed that the IPR process at the US Patent and Trademark Office (USPTO) violates the right to a jury in an Article III court (a federal court established under Article III of the US Constitution).

The service provider added that although in certain situations non-Article III tribunals may exercise jurisdiction over disputes involving "public rights", this doesn't apply to IPRs because patents are private property rights.

The Supreme Court asked the government to weigh in--Noel Francisco, the acting solicitor general, submitted a brief[1] on behalf of the US government in October 2017.

"Consistent with longstanding practice, the Patent Act authorises USPTO examiners within the executive branch to determine in the first instance whether patents should be granted. That allocation of authority is clearly constitutional", he said.

Siding with the US government, in a 7-2 opinion, the Supreme Court rejected Oil States' argument and found that patents are "public" rights, not "private" in an IPR context.

"The primary distinction between IPR and the initial grant of a patent is that IPR occurs after the patent has issued. But that distinction does not make a difference here", said the court.

[1] Paywall after first article, apparently.

Also at Ars Technica.

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  • (Score: 2) by The Mighty Buzzard on Thursday April 26 2018, @11:01AM

    by The Mighty Buzzard (18) Subscriber Badge <> on Thursday April 26 2018, @11:01AM (#672109) Homepage Journal

    A just claim or title, whether legal, prescriptive, or moral: You have a right to say what you please

    Do please look at that definition again. It says precisely what I've said if you're equipped to understand it. Each and every limitation placed upon the definition of what is a right is self imposed; either by your own mind or by your desire to interact with other people.

    Absent other people, you are the sole arbiter of "just" and "moral", while "legal" makes no sense in this context and "prescriptive" is meaningless in any context. Thus, in this context, your rights have no limits but what you put upon yourself.

    Given a desire to associate with other people, however, I've repeatedly said you're going to need to choose not to exercise quite a lot of rights if you desire interactions to have minimal strife. This is where laws and group morality come in. They do not, however, actually take away your rights; they only impart consequences of exercising them in an anti-social manner. Again, not exercising a right here is utterly self-imposed.

    For day to day use, consider a "right" to be any defined (read: limited set of the infinite whole of) liberty that you refuse prohibition of for whatever reason; a practical use rather than a precise one.

    If you can't understand the fundamental truth of the above, you have my sympathies. Your failure does not affect truth though. It will continue on being truth whether you understand it or no.

    My rights don't end where your fear begins.
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