Is Administrative Review of Granted Patents Constitutional? | Impact on the Administrative State

Is Administrative Review of Granted Patents Constitutional? The U.S. Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, a case in which the petitioner argues that the most prominent U.S. Patent and Trademark Office process for analyzing the validity of granted patents “violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.” Duke Law's Center for Innovation Policy gathered distinguished practitioners and legal scholars from a variety of perspectives to discuss potential implications of the case for patent law, for the administrative state, and for affected industries. Panel 2: Oil States’ Impact on the Administrative State Panelists: John F. Duffy, University of Virginia Law School Mark Freeman, U.S. Department of Justice John Golden, University of Texas Law School Jonathan S. Massey, Massey & Gail Adam Mossoff, Antonin Scalia Law School, George Mason University John Thorne, Kellogg, Hansen, Todd, Figel & Frederick Donald B. Verrilli, Jr., Munger, Tolles & Olson Melissa F. Wasserman, University of Texas Law School Arti Rai, Duke Law School, moderator