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Baker Botts IP Lawyers Preview Supreme Court Questioning Constitutionality of Inter Partes Review

Media Alert
SAN FRANCISCO, June 20, 2017 – As the current Supreme Court Term wraps up this week, Baker Botts’ Intellectual Property (IP) experts begin to preview one of the most significant cases the Court will take up in the fall Term. Oil States vs. Greene’s Energy Group, et al questions the constitutionality of inter partes review (IPR) proceeding conducted by the Patent Trial and Appeal Board (PTAB), and will be the mostly highly watched case in the upcoming Term. 

The Supreme Court granted certiorari on June 12, 2017, on whether inter partes review violates the U.S. Constitution by extinguishing private property rights through a non-Article III forum without a jury. Baker Botts IP partner Wayne Stacy is available to discuss the most relevant facets of the Oil States case, including: 

  • The constitutionality of having an Article I tribunal extinguish patent rights. 
  • Why the grant of certiorari in this case is particularly noteworthy. 
  • Why patent owners need to know the significance of this case.  
  • The repercussions to existing district court cases if the SCT finds the process unconstitutional

Baker Botts IP lawyers will hold a webinar on Thursday, June 29, at 11am CDT where they will discuss Oil States and other IP cases to watch in 2017, and also provide analysis of the U.S. Supreme Court’s recent decisions concerning IP and patent law cases.

With over 180 IP lawyers and patent professionals, holding over 200 technical degrees, Baker Botts has an incredibly deep bench of practitioners with a wealth of experience in patent litigation, patent prosecution and post-grant proceedings. Learn more about Baker Botts’ IP practice.

Baker Botts IP lawyers are available to speak about the implications of the case.


Baker Botts is an international law firm of approximately 650 lawyers practicing throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology, and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit


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