39 U.S. patent owners, whose patent protections were overturned by the administrative Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent and Trademark Office, filed an amici curiae brief with the U.S. Supreme Court in support of the petitioners of the case Oil States v. Greene’s, a case that is now pending.
The patent owners argue that the Supreme Court should reverse the appeals court’s decision that Oil States Energy Services’ constitutional private property rights were not violated by the PTAB’s invalidation of its patents, in a process outside the court system and absent a jury.
The affected patent owners (“APOs”)…”have each embarked on risky journeys to invent, develop, and bring to market inventions and technologies with the understanding that the American patent system will afford them substantial protections and thereby reduce the risks for them and for their investors. That promise did not materialize. The experience of the undersigned APOs ever since post-issuance proceedings were instituted at the PTAB is the opposite of the experience promised under the American patent system. The APOs were stripped of the level of judicial protection to which patent holders are entitled under the U.S. Constitution.”