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What May Happen To Your IPR The Day After Oil States


Douglas "Doug" D. Salyers

Lauren Ulrich Baker

Partner Doug Salyers and Associate Lauren Ulrich Baker are published in Law360 for their byline, “What May Happen To Your IPR The Day After Oil States.” The article explores what may happen if the U.S. Supreme Court decides in Oil States v. Greene’s that the inter partes review (“IPR”) process is unconstitutional and how the decision might affect the thousands of concluded and pending IPRs and the constitutionality of other post-grant challenge procedures. The authors point to the briefing filed in the follow-on petitions as providing a good preview of the legal issues ahead. They write, “If the Supreme Court holds that the IPR involved in Oil States is unconstitutional, the grant-vacate-remand requests made in the many pending follow-on petitions will likely mean that the Federal Circuit, not the Supreme Court, will have the first responsibility to decide the three issues discussed above. Of course, the Supreme Court will still have the last say on whether all prior IPRs and other post-grant proceedings will survive constitutional challenge.” The article was among the top 10 most read expert analyses last week, according to Law360.