News & Analysis as of August 4, 2025

Article III

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

Speculation of Harm Isn’t Standing: Not Every Adverse Board Decision Is Ticket to Appeal

McDermott Will & Emery on 6/12/2025

After assessing whether a patent owner had standing to appeal the Patent Trial & Appeal Board’s final written decision, the US Court of Appeals for the Federal Circuit found no injury in fact to support Article III...more

Navigating the PREVAIL Act: Key Impacts on Litigants as It Advances in the Senate

Pillsbury Winthrop Shaw Pittman LLP on 1/17/2025

The PREVAIL Act is now subject to debate before the full Senate. The Act will require petitioners to certify standing, two new categories of which were recently added via a manager’s amendment....more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/8/2023

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

No More Bites at the Apple: Imminent and Non-Speculative Standing Still Required

McDermott Will & Emery on 11/18/2021

The US Court of Appeals for the Federal Circuit reiterated that a patent challenger did not have Article III appellate standing to obtain review of a final Patent Trial & Appeal Board (PTAB) ruling because the underlying...more

No Competitor Standing for Appeal of IPR Decision Upholding Claims

McDermott Will & Emery on 9/6/2019

Again addressing the question of appellate standing for inter partes review (IPR) decisions, the US Court of Appeals for the Federal Circuit held that an IPR petitioner did not show a sufficient injury to confer Article III...more

Mootness on Appeal from PTAB

McDermott Will & Emery on 4/3/2019

The US Court of Appeals for the Federal Circuit dismissed an appeal of an inter partes review (IPR), finding that the challenger lacked appellate standing because it had terminated its attempts to develop the infringing...more

JTEKT v GKN: Lacking Standing, Competitor Cannot Appeal PTAB IPR Ruling

Fenwick & West LLP on 8/29/2018

The Federal Circuit further restricted a petitioner’s ability to appeal a decision by the Patent and Trademark Appeal Board upholding the validity of a patent. The court this month found in JTEKT v. GKN Automotive that a...more

SAS Institute Follow-Up: New PTAB Procedures and Strategies

Latham & Watkins LLP on 5/11/2018

The PTAB’s new guidance in light of a recent Supreme Court ruling changes the dynamics for patent owners and petitioners. Key Points: ..Partial institutions are no longer permitted. The PTAB will review all petitioned...more

Patent System after Oil States and SAS – What’s the future?

Foley & Lardner LLP on 5/7/2018

On April 24th, the Supreme Court decided two important cases related to the United States Patent & Trademark Office’s inter partes review (IPR) proceedings for reconsidering the prior grant of a patent – Oil States Energy...more

[Webinar] Supreme Court Issues Decisions in Oil States and SAS Cases: A Discussion of the Impact on Patent Law and Inter Partes...

BakerHostetler on 5/1/2018

This timely and fast-moving webinar provides insight for business leaders and legal counsel on the recently issued Supreme Court decisions in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute...more

Stayin' alive: What’s next for IPRs after Oil States and SAS

Eversheds Sutherland (US) LLP on 4/30/2018

On April 24, 2018, the US Supreme Court decided two important cases that directly impact inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB), and patent litigation as a whole. In Oil States Energy...more

SCOTUS Upholds IPRs as Constitutional, May Leave Opening for Challenges to Certain IPRs

Fenwick & West LLP on 4/27/2018

Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group, and the U.S. Supreme Court this week...more

Supreme Court Rulings Increase the PTAB’s Importance

Latham & Watkins LLP on 4/27/2018

Oil States preserved the PTAB, and SAS Institute makes it a more important venue for patentability challenges. Key Points: ..IPR and other post-grant proceedings before the PTAB will continue. ..However, the PTAB may...more

How the U.S. Supreme Court Ruled on Inter Partes Review and What It Means for Future Patent Challenges

Parker Poe Adams & Bernstein LLP on 4/26/2018

The U.S. Supreme Court ruled Tuesday on two closely monitored cases impacting how patents could be challenged. In the more high-profile case, the court upheld the constitutionality of the inter partes review (IPR) process...more

Supreme Court Issues Two Decisions Impacting Practice Before the Patent Trial and Appeal Board

Wilson Sonsini Goodrich & Rosati on 4/25/2018

Today, the U.S. Supreme Court issued two decisions that will keep the Patent Trial and Appeal Board (PTAB) busier than ever. In Oil States Energy Services, LLC v. Greene's Energy Group, LLC,1 the Court affirmed that inter...more

Supreme Court: Patent Office Retains IPR Authority, Loses Discretion to Streamline Proceedings

Stoel Rives LLP on 4/25/2018

Today (April 24, 2018), the U.S. Supreme Court released two important decisions regarding the authority of the U.S. Patent and Trademark Office (“PTO”) to conduct Inter Partes Review (“IPR”) proceedings. IPRs, an...more

Breaking IP News: US Supreme Court Issues Landmark Decisions in Oil States and SAS

Schwabe, Williamson & Wyatt PC on 4/25/2018

LATEST FROM THE SUPREME COURT - We issue today’s special edition of Fresh from the Bench to summarize two important precedential decisions issued this morning by the Supreme Court. Both cases concern inter partes reviews,...more

U.S. Supreme Court Upholds Constitutionality of Patent Inter Partes Review

Bass, Berry & Sims PLC on 4/25/2018

On Tuesday, April 24, the U.S. Supreme Court handed down two highly anticipated decisions that significantly impact inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). The Supreme Court's...more

Patent Day at the Supreme Court

Dorsey & Whitney LLP on 4/25/2018

Today the Supreme Court re-affirmed the validity of the Inter Partes Review (IPR) process in Oil States Energy LLC v. Greene’s Energy Group, LLC, but also made IPRs a somewhat more stringent process in its decision today in...more

Supreme Court Rules PTAB Proceedings Constitutional

Baker Donelson on 4/25/2018

The U.S. Supreme Court today issued dual decisions with substantial impact on the future of Inter Partes Review (IPR) and related proceedings for challenging the validity of patent claims before the PTAB (Patent Trial and...more

Will Inter Partes Reviews Be Abolished By The Supreme Court?

Dickinson Wright on 12/22/2017

On November 27, 2017, the Supreme Court heard oral arguments in a case that could undermine a key provision in the America Invents Act. Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (Oils States). The issue...more

US: Supreme Court hears argument on constitutionality of inter partes review

Hogan Lovells on 12/4/2017

On November 27, 2017, the Supreme Court heard oral arguments in a case that will determine the constitutionality of inter partes review, a proceeding before the United States Patent and Trademark Office’s Patent Trial and...more

AIA Does Not Override 28 USC § 1447(d) Reviewability Bar

McDermott Will & Emery on 7/31/2017

The US Court of Appeals for the Federal Circuit ruled that provisions in the America Invents Act (AIA) related to federal courts’ jurisdiction over patent claims do not override 28 USC § 1447(d)’s limit on appellate review of...more

Supreme Court to Consider Constitutionality of AIA Inter Partes Review Proceedings

Snell & Wilmer on 6/15/2017

The Supreme Court has granted a writ of certiorari challenging the constitutionality of inter partes review proceedings conducted by the United States Patent and Trademark Office under the America Invents Act. The Court’s...more

Federal Circuit Requires Standing To Appeal An IPR Decision

Troutman Pepper Locke on 1/18/2017

In the case of Phygenix, Inc. v. ImmunoGen, Inc., the Court of Appeals for the Federal Circuit (CAFC) held that the petitioner (Phygenix) that had unsuccessfully challenged certain claims of ImmunoGen’s U.S. Patent No....more

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America Invents Act › Patent Litigation › Article III

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