Constitutional Separation of Powers & Patents of Invention: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
Scott Pierce, a partner in the Firm’s Life Sciences Practice, authored this article for IPWatchdog. Scott discusses a recent Supreme Court case and its implications on patent law.
"Despite potentially relevant Supreme Court precedent in Thomas v. Union Carbide Agr. Products Co. and Granfinanciera v. Nordberg, the better view under the weight of Supreme Court precedent with respect to patent validity, absent the recent decision by the Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, is that determination of the validity of issued patents does not include the government as a party and, therefore, only private rights are involved," wrote Scott.
To read the full article, click here.