Tag Archives: patent exceptionalism

Exploring the Constitutional Tensions in Agency Adjudication after Lucia and Oil States

by Christopher J. Walker — Monday, Nov. 26, 2018@chris_j_walker

As part of a terrific Iowa Law Review Administering Patent Law Symposium, I have spent some time thinking about the constitutional tensions in agency adjudication after the Supreme Court’s decisions last Term in Lucia and Oil States. I’ve just posted a draft of that essay to SSRN. One thing that somewhat surprised me in working through […]

Iowa Law Review Symposium: Administering Patent Law, This Friday, 10/5

by Christopher J. Walker — Wednesday, Oct. 3, 2018@chris_j_walker

This Friday (10/5) the Iowa College of Law will host the 2018 Iowa Law Review symposium, Administering Patent Law. The symposium focuses on the intersection of patent and administrative law, a juncture that has become particularly salient in recent years and is poised to become even more so with the Supreme Court’s continuing interest in […]

Over at Written Description: Ouellette on Walker/Wasserman on PTAB and Administrative Law

by Christopher J. Walker — Friday, Apr. 27, 2018@chris_j_walker

Over at the IP/patent law blog Written Description, Lisa Ouellette has a very thoughtful post on The New World of Agency Adjudication, my new paper with Melissa Wasserman that is forthcoming in the California Law Review next year. Here’s the first and last paragraph: Christopher Walker is a leading administrative law scholar, and Melissa Wasserman‘s excellent work on […]

Oil States and Patent Adjudication at the USPTO

by Christopher J. Walker — Wednesday, Feb. 28, 2018@chris_j_walker

Last November the Supreme Court heard oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC to consider whether certain agency adjudications at the U.S. Patent and Trademark Office are unconstitutional because they strip parties of their private property rights in a non-Article III forum and without a jury. At oral argument, the justices raised […]

The Supreme Court Asks Today: Is Patent Agency Adjudication Unconstitutional?

by Christopher J. Walker — Monday, June 12, 2017@chris_j_walker

Over at PrawfsBlawg today, I added the following contribution to its month-long SCOTUS Symposium: This morning the Supreme Court granted review in just one case, and limited its review to one question (three were presented in the petition): Oil States Energy Services LLC v. Greene’s Energy Group, LLC. It’s yet another patent law case from the Federal […]