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Patent office power over patents

Oil States Energy Services v. Greene's Energy Group

Updated Oct 18, 2026

In brief

The Supreme Court agreed with the Federal Circuit's ruling and left its judgment in place.

Where it stands
Decided

Decided 7-2 · April 24, 2018 · Opinion by Justice Breyer

What it’s about
Oil States Energy Services argued that the Patent and Trademark Office’s process for reviewing issued patent claims must use a federal court and jury.
Who it affects
The Federal Circuit's judgment remains in place in the dispute between Oil States and Greene's Energy over the PTO's review of issued patent claims.

Summary: written with AI from the case record.

Illustration for Oil States Energy Services, LLC v. Greene's Energy Group, LLC
Conceptual illustration · AI-generated

What it's about

The Supreme Court agreed with the lower court, ruling that the process does not violate the Constitution’s federal-court or jury-trial requirements.

Inter partes review is an adversarial process the Patent and Trademark Office uses to examine whether existing patent claims are valid.

Question presented

Whether inter partes review-an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents- violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.

What the Court decided

Holding

Adjudged 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.

Result
Affirmed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 7joined the Court's opinion
  1. Breyerwrote the opinion
  2. Kagan
  3. Thomasalso wrote separately
  4. Kennedy
  5. Ginsburg
  6. Sotomayor
  7. Alito
Dissenting · 2disagreed with the result
  1. Roberts
  2. Gorsuchwrote the dissent
7 justices joined the judgment, 2 dissented.

What's next

The Supreme Court has finished its action in this case.

Documents

3

Docket activity

8
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 18, 2026 · Court records

Show 3 more
  • Opinion added: Opinion

    Apr 24, 2018 · Court records

  • Opinion added: opinion

    Apr 24, 2018 · Court records

  • Brief added: Questions Presented

    Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis