Patent office power over patents
Oil States Energy Services v. Greene's Energy Group
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.

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
What's next
The Supreme Court has finished its action in this case.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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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.