What Patents' Status As Franchises Means For NPEs

Law360 (January 24, 2020, 5:38 PM EST) -- The U.S. Supreme Court decision in Oil States Energy Services LLC v. Greene's Energy Group LLC characterized a patent as a government-granted public franchise, rather than a form of personal property. This characterization provided a basis for the court’s decision but also has implications for the possible regulation of how patents are used, transferred and asserted.

Introduction

In a recent decision[1] the Supreme Court addressed the constitutionality of the inter partes review procedure that was created to permit a challenge to the validity of an issued patent. The court held that the procedure was constitutional and justified this decision by reasoning that...

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