In case there was any doubt, the Supreme Court has held the IPR Process is not unconstitutional in Oil States v. Greene’s Energy.  The court found the IPR process an extension of the Patent and Trademark Office’s decision to grant a patent and, as such, “Congress has permissibly reserved the PTO’s authority to conduct that reconsideration.”  This holding is not surprising.  But it is applauded for removing some potential ambiguity in the U.S. patent system.  Although not perfect, certainty in the patent system allows companies to make sound business decisions.

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