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GREENSPOON MARDER PARTNER ANTON N. HANDAL FILES AMICUS BRIEF WITH THE SUPREME COURT IN OIL STATES ENERGY SERVICES, LLC V. GREEN ENERGY GROUP, LLC.
San Diego, CA – September 29, 2017 – Greenspoon Marder Partner Anton N. Handal, and his IP Litigation team filed an amicus curiae brief with the Supreme Court of the United States for Unisone Strategic IP, Inc. in support of the petitioner in Oil States Energy Services, LLC, v. Greene’s Energy Group, LLC, ET AL.
An issue in the matter is whether
inter partes review (IPR), an adversarial proceeding before the Patent Trial and Appeal Board (PTAB) used to evaluate the validity of existing patents, violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury. On behalf of Amicus Unisone Strategic IP, Inc., Mr. Handal argues that the PTAB is not an impartial arbiter of the validity of patents in the IPR process it administers.
amicus brief asserts that the PTAB suffers from a structural bias toward overgranting patents and IPR petitions to increase the fees it collects and then overinvalidating patents to save its reputation, and thus cannot fairly adjudicate patent validity. Additionally, the brief states that Congress may not assign the adjudication of vested property interests, such as patent rights, to a structurally biased agency whose decision-making is distorted by its dependence on funding from user fees.
“As outlined in the brief, the right to take property is reserved in the Constitution to the Judiciary and not to administrative agencies under the authority of the Executive branch. This is particularly true when the agency may have a pecuniary interest in the proceedings,” comments Mr. Handal.
Mr. Handal was assisted by Senior Counsels Gabriel Hedrick and Todd Langford in drafting the brief
amicus curiae. A copy of the brief can be viewed here.
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