Has the Administrative State Usurped the Role of the Federal Courts in Innovation Disputes?

Published: Nov. 18, 2017, 9:33 p.m.

b'In 2011, Congress created a new administrative tribunal in the U.S. Patent Office with the power to cancel previously granted patents, called the Patent Trial & Appeal Board (PTAB). The PTAB has become a flashpoint of controversy. Some companies and organizations defend it as an important tool for eliminating invalidly issued patents. Critics have highlighted a wide range of concerns, including, among others, not providing patent-owners with basic due process protections and a structural bias against patents that has led to inordinately high “kill" rates. In Oil States v. Greene\'s Energy Group, the Supreme Court will decide whether assigning such power to an administrative agency is consistent with the constitutional requirements of Article III, the Seventh Amendment, and the nature of patents as property rights. At the intersection of patent law, administrative law, and constitutional law, Oil States is a blockbuster case in the October 2017 term that will impact the governmental branches, the law and the innovation economy.

Prof. Gregory Dolin, Co-director of the Center for Medicine and Law, University of Baltimore School of Law
Prof. John F. Duffy, Samuel H. McCoy II Professor of Law, University of Virginia School of Law
Prof. Arti K. Rai, Elvin R. Latty Professor of Law, Duke University School of Law
Mr. Robert Greene Sterne, Director, Sterne Kessler Goldstein & Fox PLLC
Moderator: Hon. F. Scott Kieff, Professor of Law, George Washington University Law School, and former Commissioner, United States International Trade Commission'