Supreme Court Decides Oil States and SAS Institute Inc. v. Iancu

“We applaud the Supreme Court’s 7-2 opinion today in Oil States v. Greene’s Energy, upholding the Constitutionality of the Inter Partes Review process at the USPTO’s Patent Trial and Appeal Board (PTAB),” said Erika Arner, President of the PTAB Bar Association, which filed an amicus brief in the case. “We are especially pleased that our views on this issue were adopted by the Court,” said Ms. Arner, a partner at the Finnegan firm.

“The IPR process, a key piece of the Leahy-Smith America Invents Act reforms of 2009, has provided a much-desired alternative to drawn out district court litigation, permitting the resolution of issues of patent validity by technically-trained Administrative Patent Judges in an expedited proceeding.  I would anticipate that its wide-spread use will grow even greater in light of this decision,” commented PTAB Bar Association. Board member, and former Director of the USPTO and Polsinelli partner, Q. Todd Dickinson. The Association is studying the decision and the companion case of SAS Institute and will provide further commentary soon.

The PTAB Bar Association is a bar association of approximately 900 members nationwide, made up of lawyers in both private and corporate practice, judges, academics, law students and patent office professionals involved with the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent and Trademark Office (“USPTO”). Our members represent both petitioners and patent owners and are committed to the success of the PTAB.

SAS Institute Inc. v. IANCU (04/24/2018) – Supreme Court

Oil States Energy Services, LLC v. Greene’s Energy Group, LLC Et AL.


The PTAB has announced a Chat with the Chief on the Oil States and SAS Decisions from the Supreme Court on Monday, April 30th at noon eastern. More details available at:


Update: The PTAB Bar Association is proud to present a webinar addressing the Oil States and SAS decisions and their impact on PTAB practice, with expert PTAB practitioner  panelists who will provide a high-level analysis of the decisions, review the PTAB’s response to the SAS decision, and discuss practical implications of the resulting changes to PTAB practice.

To register, please click here.