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Article III, the PTAB, and Expired Patents: Constitutional Analysis After Oil States
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Article III, the PTAB, and Expired Patents: Constitutional Analysis After Oil States
by Dennis Crouch The Supreme Court is being asked to decide whether the PTAB can invalidate expired patents through inter partes review, in a case that could limit the reach of the landmark Oil States decision that found IPRs constitutionally permissive. In Apple Inc. v. Gesture Technology Partners, the Federal Circuit ruled that PTAB retains jurisdiction over expired patents, but the patentee argues in its petition that once patents expire, the…
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