PTAB Bar Association Submits Amicus Brief on Oil States v. Greene’s Energy
The Patent Trial and Appeal Board (PTAB) Bar Association is a voluntary bar association of approximately 900 members engaged in private and corporate practice and in government service. Members represent a wide and diverse spectrum of individuals, companies, and institutions involved directly and indirectly in the practice of patent law as well as other fields of law affecting intellectual property. They represent owners, users, and challengers of intellectual property rights.
The PTAB Bar Association has no interest in any party to this litigation or stake in the outcome of this case, other than its interest in seeking a correct and consistent interpretation of the law affecting intellectual property. PTAB Bar Association members may not be in full agreement on whether inter partes review (IPR), covered business method (CBM), and post-grant review (PGR) proceedings—all of which Congress created through the Leahy-Smith America Invents Act (AIA)—currently strike a proper balance between petitioners and patent owners involved in those proceedings.
Nonetheless, the PTAB Bar Association believes that these procedures are constitutional and that any perceived deficiencies in the procedure at present can be addressed with revisions to the IPR process, either by Congress or through regulatory changes. Indeed, Congress has frequently revised the patent statutes and is well-positioned to do so here. The PTAB Bar Association is providing a forum for proposing regulatory changes as well.
The PTAB Bar Association submits this brief to apprise the Court of the important role that IPRs play in the patent system, and to highlight their advantages relative to district court adjudication of validity issues.