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

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

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.

SCOTUSblog Coverage

Symposium: Minimalism with radical potential (Gillian Metzger, June 22, 2018)
OT2017 #24: "Kudos To Whoever Did This" (First Mondays, May 7, 2018)
Opinion analysis: Justices rebuff constitutional attack on administrative re-examination of patents (Ronald Mann, April 24, 2018)
OT2017 #8: "Bespoke but Blank" (First Mondays, December 4, 2017)
Argument analysis: Justices hesitant to invalidate congressional scheme for re-examination of patents by Patent and Trademark Office (Corrected) (Ronald Mann, November 28, 2017)
OT2017 #7: Keys to a Valet (First Mondays, November 27, 2017)
Argument preview: Justices to consider constitutional limits on adjudicatory authority of Patent and Trademark Office (Ronald Mann, November 20, 2017)
Today's orders (Amy Howe, June 13, 2017)

Date	Proceedings and Orders (key to color coding)
10/13/2016	Application (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.
10/14/2016	Application (16A365) granted by The Chief Justice extending the time to file until November 23, 2016.
11/23/2016	Petition for a writ of certiorari filed. (Response due December 29, 2016)
12/12/2016	Waiver of right of respondent Michelle K. Lee, Director, Patent and Trademark Office to respond filed.
12/19/2016	Order extending time to file response to petition to and including January 30, 2017.
01/30/2017	Brief of respondent Greene's Energy Group, LLC in opposition filed.
02/14/2017	Reply of petitioner Oil States Energy Services, LLC filed.
02/15/2017	DISTRIBUTED for Conference of March 3, 2017.
02/27/2017	Response Requested from Michelle K. Lee, Director, Patent and Trademark Office. (Due March 29, 2017)
03/22/2017	Order extending time to file response to petition to and including April 28, 2017.
04/28/2017	Brief of Federal Respondent in opposition filed.
05/15/2017	Reply of petitioner Oil States Energy Services, LLC filed.
05/16/2017	DISTRIBUTED for Conference of June 1, 2017.
06/05/2017	DISTRIBUTED for Conference of June 8, 2017.
06/12/2017	Petition GRANTED limited to Question 1 presented by the petition.
07/07/2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
07/13/2017	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 24, 2017.
07/13/2017	The time to file respondents' briefs on the merits is extended to and including October 23, 2017.
07/13/2017	The reply brief on the merits is to be filed on or before November 20, 2017.
08/11/2017	Blanket Consent filed by Respondent, Greene's Energy Group, LLC.
08/17/2017	Brief amici curiae of H. Tomas Gomez-Arostegui and Sean Bottomley in support of neither party filed.
08/24/2017	Joint appendix filed. (Statement of costs filed)
08/24/2017	Brief of petitioner Oil States Energy Services, LLC filed.
08/25/2017	Brief amicus curiae of Alliacense Limited LLC filed.
08/29/2017	Brief amici curiae of US Inventor, Inc., et al. filed.
08/29/2017	Brief amicus curiae of Security People, Inc. filed (correction noted).
08/30/2017	Blanket Consent filed by Respondent, Joseph Matal, Interim Director, United States Patent and Trademark Office.
08/30/2017	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
08/30/2017	Brief amicus curiae of Unisone Strategic IP, Inc. filed.
08/30/2017	Brief amici curiae of Thirty-Nine Affected Patent Owners filed.
08/31/2017	Brief amici curiae of The Civil Jury Project at New York University School of Law in support of neither party filed.
08/31/2017	Brief amici curiae of J. Kenneth Blackwell, et al. filed.
08/31/2017	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
08/31/2017	Brief amicus curiae of LiquidPower Specialty Products Inc. filed.
08/31/2017	Brief amicus curiae of Boston Patent Law Association (BPLA) in support of neither party filed.
08/31/2017	Brief amici curiae of AbbVie, Inc., et al. filed.
08/31/2017	Brief amicus curiae of the Pharmaceutical Research and Manufacturers of America filed.
08/31/2017	Brief amicus curiae of Evolutionary Intelligence LLC filed.
08/31/2017	Brief amicus curiae of The Patent Trial and Appeal Board Bar Association in support of neither party filed.
08/31/2017	Brief amicus curiae of the Association of Amicus Counsel in support of neither party filed.
08/31/2017	Brief amici curiae of InterDigital, Inc., et al. filed.
08/31/2017	Brief amicus curiae of University of New Mexico filed.
08/31/2017	Brief amici curiae of Cato Institute and American Conservative Union Foundation filed.
08/31/2017	Brief amici curiae of Biotechnology Innovation Organization (BIO), et al. filed.
08/31/2017	Brief amici curiae of Professor James W. Ely, Jr., et al. filed.
08/31/2017	Brief amicus curiae of IEEE - USA filed.
08/31/2017	Brief amicus curiae of Shire Pharmaceuticals, LLC in support of neither party filed.
08/31/2017	Brief amici curiae of Gary Lauder, et al. filed.
08/31/2017	Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
08/31/2017	Brief amicus curiae of Professor Dmitry Karshtedt filed.
08/31/2017	Brief amici curiae of 3M Company, et al. in support of neither party filed.
08/31/2017	Brief amici curiae of 27 Law Professors filed.
08/31/2017	Brief amici curiae of Pacific Legal Foundation, et al. filed.
08/31/2017	Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed.
09/01/2017	Blanket Consent filed by Respondent, Joseph Matal, Interim Director, United States Patent and Trademark Office.
09/19/2017	Motion for leave to file amicus brief out of time filed by Houston Intellectual Property Law Association in support of neither party.
10/06/2017	SET FOR ARGUMENT On Monday, November 27, 2017.
10/10/2017	Motion for leave to file amicus brief filed by Houston Intellectual Property Law Association in support of neither party GRANTED.
10/20/2017	CIRCULATED
10/23/2017	Brief of respondent Greene's Energy Group, LLC filed. (Distributed)
10/23/2017	Brief of respondent Federal Respondent filed. (Distributed)
10/25/2017	Brief amici curiae of SAP America, et al. filed. (Distributed)
10/26/2017	Brief amici curiae of Public Knowledge, et al. filed. (Distributed)
10/26/2017	Brief amicus curiae of Knowledge Ecology International filed. (Distributed)
10/26/2017	Brief amicus curiae of U.S. Golf Manufacturers Council filed. (Distributed)
10/27/2017	Motion for divided argument filed by federal respondent.
10/27/2017	Brief amicus curiae of Professor Lee A. Hollaar filed. (Distributed)
10/30/2017	Brief amicus curiae of Association for Accessible Medicines filed. (Distributed)
10/30/2017	Brief amici curiae of Dell Inc., et al. filed. (Distributed)
10/30/2017	Brief amicus curiae of Apple Inc. filed. (Distributed)
10/30/2017	Brief amici curiae of Intel, et al. filed. (Distributed)
10/30/2017	Brief amicus curiae of Askeladden LLC filed. (Distributed)
10/30/2017	Brief amicus curiae of General Electric Company filed. (Distributed)
10/30/2017	Brief amicus curiae of Alliance of Automobile Manufacturers filed. (Distributed)
10/30/2017	Brief amicus curiae of America's Health Insurance Plans filed. (Distributed)
10/30/2017	Brief amici curiae of Internet Association, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Retail Litigation Center, Inc., et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Arris Group, Inc., et al. filed. (Distributed)
10/30/2017	Brief amici curiae of AARP and AARP Foundation filed. (Distributed)
10/30/2017	Brief amicus curiae of Volkswagen Group of America filed. (Distributed)
10/30/2017	Brief amici curiae of Professors of Administrative Law, et al. filed. (Distributed)
10/30/2017	Brief amicus curiae of Unified Patents Inc. filed. (Distributed)
10/30/2017	Brief amicus curiae of Initiative for Medicines, Access & Knowledge (I-MAK) filed. (Distributed)
10/30/2017	Brief amicus curiae of BSA I The Software Alliance filed. (Distributed)
10/30/2017	Brief amicus curiae of Taiwan Semiconductor Manufacturing Co., Ltd. filed. (Distributed)
10/30/2017	Brief amicus curiae of Act I The App Association filed. (Distributed)
10/30/2017	Brief amicus curiae of Mylan Pharmaceuticals Inc. filed. (Distributed)
10/30/2017	Brief amicus curiae of 72 Professors of Intellectual Property Law filed. (Distributed)
11/17/2017	Reply of petitioner Oil States Energy Services, LLC filed. (Distributed)
11/21/2017	Motion for divided argument filed by respondents GRANTED.
11/27/2017	Argued. 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.
04/24/2018	Adjudged to be AFFIRMED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/17pdf/16-712_87ad.pdf'>opinion</a> 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.
05/29/2018	JUDGMENT ISSUED.