Tag Archives: Patent

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

by Chris 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 […]

Oil States and Patent Adjudication at the USPTO

by Chris 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 […]

PTAB, Patents, and the Constitution, by Philip Hamburger

by Guest Blogger — Sunday, Nov. 26, 2017

Tomorrow, the Supreme Court will hear arguments in Oil States vs. Greene’s Energy Group, et al. on whether the Patent and Trademark Office, acting through the Patent and Trial Appeal Board (PTAB), can decide the validity of existing patents. The question, in particular, is whether the PTAB is unconstitutionally extinguishing private property rights in a […]

Eminent Domain for Drugs

by Nicholas Bagley — Thursday, May 5, 2016

From his perch at Politico, Dan Diamond has launched what promises to be a terrific new health-policy podcast, Pulse Check, with an interview with CMS’s acting administrator, Andy Slavitt. The interview is refreshingly candid: among other things, Slavitt confesses that the Obama administration has a lot of work to do to win back the hearts […]