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Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

Docket No. Op. Below Argument Opinion Vote Author Term
16-712 Fed. Cir. Nov 27, 2017 Apr 24, 2018 7-2 Thomas OT 2017

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioner in this case.

Holding: Inter partes review -- which authorizes the United States Patent and Trademark Office to reconsider and cancel an already-issued patent claim, under 35 U. S. C. §§311–319 -- does not violate Article III or the Seventh Amendment of the Constitution.

Judgment: Affirmed, 7-2, in an opinion by Justice Thomas on April 24, 2018. Justice Breyer filed a concurring opinion, in which Justices Ginsburg and Sotomayor joined. Justice Gorsuch filed a dissenting opinion, in which Chief Justice Roberts joined.

DateProceedings and Orders (key to color coding)
Oct 13 2016Application (16A365) to extend the time to file a petition for a writ of certiorari from October 24, 2016 to November 23, 2016, submitted to The Chief Justice.
Oct 14 2016Application (16A365) granted by The Chief Justice extending the time to file until November 23, 2016.
Nov 23 2016Petition for a writ of certiorari filed. (Response due December 29, 2016)
Dec 12 2016Waiver of right of respondent Michelle K. Lee, Director, Patent and Trademark Office to respond filed.
Dec 19 2016Order extending time to file response to petition to and including January 30, 2017.
Jan 30 2017Brief of respondent Greene's Energy Group, LLC in opposition filed.
Feb 14 2017Reply of petitioner Oil States Energy Services, LLC filed.
Feb 15 2017DISTRIBUTED for Conference of March 3, 2017.
Feb 27 2017Response Requested from Michelle K. Lee, Director, Patent and Trademark Office. (Due March 29, 2017)
Mar 22 2017Order extending time to file response to petition to and including April 28, 2017.
Apr 28 2017Brief of Federal Respondent in opposition filed.
May 15 2017Reply of petitioner Oil States Energy Services, LLC filed.
May 16 2017DISTRIBUTED for Conference of June 1, 2017.
Jun 05 2017DISTRIBUTED for Conference of June 8, 2017.
Jun 12 2017Petition GRANTED limited to Question 1 presented by the petition.
Jul 07 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Jul 13 2017The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 24, 2017.
Jul 13 2017The time to file respondents' briefs on the merits is extended to and including October 23, 2017.
Jul 13 2017The reply brief on the merits is to be filed on or before November 20, 2017.
Aug 11 2017Blanket Consent filed by Respondent, Greene's Energy Group, LLC.
Aug 17 2017Brief amici curiae of H. Tomas Gomez-Arostegui and Sean Bottomley in support of neither party filed.
Aug 24 2017Joint appendix filed. (Statement of costs filed)
Aug 24 2017Brief of petitioner Oil States Energy Services, LLC filed.
Aug 25 2017Brief amicus curiae of Alliacense Limited LLC filed.
Aug 29 2017Brief amici curiae of US Inventor, Inc., et al. filed.
Aug 29 2017Brief amicus curiae of Security People, Inc. filed (correction noted).
Aug 30 2017Blanket Consent filed by Respondent, Joseph Matal, Interim Director, United States Patent and Trademark Office.
Aug 30 2017Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Aug 30 2017Brief amicus curiae of Unisone Strategic IP, Inc. filed.
Aug 30 2017Brief amici curiae of Thirty-Nine Affected Patent Owners filed.
Aug 31 2017Brief amici curiae of The Civil Jury Project at New York University School of Law in support of neither party filed.
Aug 31 2017Brief amici curiae of J. Kenneth Blackwell, et al. filed.
Aug 31 2017Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Aug 31 2017Brief amicus curiae of LiquidPower Specialty Products Inc. filed.
Aug 31 2017Brief amicus curiae of Boston Patent Law Association (BPLA) in support of neither party filed.
Aug 31 2017Brief amici curiae of AbbVie, Inc., et al. filed.
Aug 31 2017Brief amicus curiae of the Pharmaceutical Research and Manufacturers of America filed.
Aug 31 2017Brief amicus curiae of Evolutionary Intelligence LLC filed.
Aug 31 2017Brief amicus curiae of The Patent Trial and Appeal Board Bar Association in support of neither party filed.
Aug 31 2017Brief amicus curiae of the Association of Amicus Counsel in support of neither party filed.
Aug 31 2017Brief amici curiae of InterDigital, Inc., et al. filed.
Aug 31 2017Brief amicus curiae of University of New Mexico filed.
Aug 31 2017Brief amici curiae of Cato Institute and American Conservative Union Foundation filed.
Aug 31 2017Brief amici curiae of Biotechnology Innovation Organization (BIO), et al. filed.
Aug 31 2017Brief amici curiae of Professor James W. Ely, Jr., et al. filed.
Aug 31 2017Brief amicus curiae of IEEE - USA filed.
Aug 31 2017Brief amicus curiae of Shire Pharmaceuticals, LLC in support of neither party filed.
Aug 31 2017Brief amici curiae of Gary Lauder, et al. filed.
Aug 31 2017Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Aug 31 2017Brief amicus curiae of Professor Dmitry Karshtedt filed.
Aug 31 2017Brief amici curiae of 3M Company, et al. in support of neither party filed.
Aug 31 2017Brief amici curiae of 27 Law Professors filed.
Aug 31 2017Brief amici curiae of Pacific Legal Foundation, et al. filed.
Aug 31 2017Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed.
Sep 01 2017Blanket Consent filed by Respondent, Joseph Matal, Interim Director, United States Patent and Trademark Office.
Sep 19 2017Motion for leave to file amicus brief out of time filed by Houston Intellectual Property Law Association in support of neither party.
Oct 06 2017SET FOR ARGUMENT On Monday, November 27, 2017.
Oct 10 2017Motion for leave to file amicus brief filed by Houston Intellectual Property Law Association in support of neither party GRANTED.
Oct 20 2017CIRCULATED
Oct 23 2017Brief of respondent Greene's Energy Group, LLC filed. (Distributed)
Oct 23 2017Brief of respondent Federal Respondent filed. (Distributed)
Oct 25 2017Brief amici curiae of SAP America, et al. filed. (Distributed)
Oct 26 2017Brief amici curiae of Public Knowledge, et al. filed. (Distributed)
Oct 26 2017Brief amicus curiae of Knowledge Ecology International filed. (Distributed)
Oct 26 2017Brief amicus curiae of U.S. Golf Manufacturers Council filed. (Distributed)
Oct 27 2017Motion for divided argument filed by federal respondent.
Oct 27 2017Brief amicus curiae of Professor Lee A. Hollaar filed. (Distributed)
Oct 30 2017Brief amicus curiae of Association for Accessible Medicines filed. (Distributed)
Oct 30 2017Brief amici curiae of Dell Inc., et al. filed. (Distributed)
Oct 30 2017Brief amicus curiae of Apple Inc. filed. (Distributed)
Oct 30 2017Brief amici curiae of Intel, et al. filed. (Distributed)
Oct 30 2017Brief amicus curiae of Askeladden LLC filed. (Distributed)
Oct 30 2017Brief amicus curiae of General Electric Company filed. (Distributed)
Oct 30 2017Brief amicus curiae of Alliance of Automobile Manufacturers filed. (Distributed)
Oct 30 2017Brief amicus curiae of America's Health Insurance Plans filed. (Distributed)
Oct 30 2017Brief amici curiae of Internet Association, et al. filed. (Distributed)
Oct 30 2017Brief amici curiae of Retail Litigation Center, Inc., et al. filed. (Distributed)
Oct 30 2017Brief amici curiae of Arris Group, Inc., et al. filed. (Distributed)
Oct 30 2017Brief amici curiae of AARP and AARP Foundation filed. (Distributed)
Oct 30 2017Brief amicus curiae of Volkswagen Group of America filed. (Distributed)
Oct 30 2017Brief amici curiae of Professors of Administrative Law, et al. filed. (Distributed)
Oct 30 2017Brief amicus curiae of Unified Patents Inc. filed. (Distributed)
Oct 30 2017Brief amicus curiae of Initiative for Medicines, Access & Knowledge (I-MAK) filed. (Distributed)
Oct 30 2017Brief amicus curiae of BSA I The Software Alliance filed. (Distributed)
Oct 30 2017Brief amicus curiae of Taiwan Semiconductor Manufacturing Co., Ltd. filed. (Distributed)
Oct 30 2017Brief amicus curiae of Act I The App Association filed. (Distributed)
Oct 30 2017Brief amicus curiae of Mylan Pharmaceuticals Inc. filed. (Distributed)
Oct 30 2017Brief amicus curiae of 72 Professors of Intellectual Property Law filed. (Distributed)
Nov 17 2017Reply of petitioner Oil States Energy Services, LLC filed. (Distributed)
Nov 21 2017Motion for divided argument filed by respondents GRANTED.
Nov 27 2017Argued. For petitioner: Allyson N. Ho, Dallas, Tex. For respondent Greene's Energy Group, LLC: Christopher M. Kise, Tallahassee, Fla. For federal respondent: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
Apr 24 2018Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion, in which Ginsburg and Sotomayor, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Roberts, C. J., joined.
May 29 2018JUDGMENT ISSUED.