The PTAB and the Supreme Court: Threat to Reverse Congressional Efforts to Reform Patent Litigation

The United States Supreme Court granted certiorari in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, a case involving a challenge to the constitutionality of the Patent Trial and Appeal Board (PTAB), an administrative adjudicatory body of the U.S. Patent and Trademark Office (PTO). The U.S. Supreme Court will hear oral arguments in the case on November 27. If the Supreme Court rules that the PTAB is unconstitutional, the outcome will not only be unexpected, it will have a massive impact on how patent disputes are currently litigated in the United States.

Attorney Teague Donahey, with 15+ years of major law firm experience litigating and trying complex, high-stakes intellectual property disputes, analyzes how Oil States may reverse Congressional efforts to shift patent validity disputes from the federal courts to the PTO in his recent article published in the November/ December 2017 issue of The Advocate, a publication of the Idaho State Bar.

Read the full article here.


Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.