Exploring Patent Takings After Oil States

30 Pages Posted: 18 May 2019 Last revised: 1 May 2020

See all articles by Concord Cheung

Concord Cheung

University of California, Berkeley, School of Law

Date Written: December 17, 2018

Abstract

This Note discusses the Supreme Court's Oil States Energy Services, LLC v. Greene’s Energy Group, LLC decision, which upheld the constitutionality of the inter partes review (IPR) process under Article III and the Seventh Amendment. This Note further explores the undecided issue of whether the Takings Clause applies to IPR proceedings and describes a framework for applying regulatory takings analysis to patent rights taken during IPR.

Keywords: Oil States, IPR, inter partes review, patents, takings, regulatory takings, Takings Clause

Suggested Citation

Cheung, Concord, Exploring Patent Takings After Oil States (December 17, 2018). 34 Berkeley Tech. L.J. 963, Available at SSRN: https://ssrn.com/abstract=3375159 or http://dx.doi.org/10.2139/ssrn.3375159

Concord Cheung (Contact Author)

University of California, Berkeley, School of Law ( email )

Berkeley, CA
United States

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