Is Administrative Review of Granted Patents Constitutional?

MBHB partner Paul Berghoff is a featured presenter for Duke Law Center for Innovation Policy program entitled, “Is Administrative Review of Granted Patents Constitutional?,” set for 1:00-4:00 p.m. ET on Sept. 22, 2017 at the Duke in DC Conference Facilities in Washington, DC.

The U.S. Supreme Court recently granted certiorari in Oil States Energy Services v. Greene’s Energy Group, a case in which the petitioner argues that the most prominent U.S. Patent and Trademark Office process for analyzing the validity of granted patents “violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.” This half-day conference will gather distinguished practitioners and legal scholars from a variety of perspectives to discuss potential implications of the case for patent law, for the administrative state, and for affected industries.

Speakers include: Donald Verrilli, Munger, Tolles & Olson; Erika Arner, Finnegan, Henderson; Paul Berghoff, McDonnell Boehnen Hulbert & Berghoff; John Duffy, University of Virginia Law School; The Hon. Timothy Dyk, U.S. Court of Appeals for the Federal Circuit (invited); Mark Freeman, U.S. Department of Justice; John Golden, University of Texas Law School; Jonathan Massey, Massey & Gail; Mike Messinger, Sterne, Kessler, Goldstein & Fox; Adam Mossoff, Antonin Scalia Law School, George Mason University; Arti Rai, Duke Law School; Greg Reilly, Chicago-Kent College of Law; Hans Sauer, Biotechnology Industry Organization; James Smith, Ecolab (former Chief Judge, PTAB); Rob Sterne, Sterne, Kessler, Goldstein & Fox; John Thorne, Kellogg, Hansen, Todd, Figel & Frederick; and Melissa Wasserman, University of Texas Law School.

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