How to Survive an IPR
Few IP practitioners were surprised by the Oil States decision on whether inter partes review (IPR) violates Article III or the Seventh Amendment. According to some, had the Supreme Court ruled that the current IPR procedure violates the Seventh Amendment, dead patents invalidated in previous IPRs would be resurrected, causing a great deal of uncertainty and plenty of re-litigation. The practical effect is that the IPR system remains in place with possible tweaks to come, an