Exploring Patent Takings After Oil States
30 Pages Posted: 18 May 2019 Last revised: 1 May 2020
Date Written: December 17, 2018
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
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