Patents as Property: Oil States and Its Implications on the Takings Clause
In 2011, Congress passed the Leahy-Smith America Invents Act (AIA), marking a radical reform of the patent system. Among the many changes implemented by the AIA, Congress introduced inter partes review (IPR), a new administrative proceeding for adjudicating patent validity disputes. Utilized by parties seeking to invalidate issued patents, the proceeding, held by the Patent Trial and Appeals Board (PTAB), has been as popular as it has been polarizing in the patent community. IPRs have invalidated a large number of patents which has subjected the proceeding to both legislative and judicial challenges. Recently, the Supreme Court was faced with an IPR challenge with the potential of rendering the entire IPR system unconstitutional. The case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, represents the closest a challenge has come to invalidating such an important fixture of the reformed patent system under the AIA.