Oil States Energy Services, LLC v. Greene's Energy Group, LLC, U.S., No. 16-712, 8/31/2017.
Congress's decision to permit the Patent Trial and Appeal Board to adjudicate and if necessary cancel issued patents does not violate the separation of powers doctrine or the Seventh Amendment, according to a brief filed August 31, 2017, at the Supreme Court.
The brief argued that Congress is authorized by Article I of the Constitution to implement the rights it creates with limited adjudication by the expert agencies charged with administering those rights. The separation of powers doctrine is not violated and the judiciary's role under Article III of the Constitution is not undermined because: Congress is the source of the rights adjudicated by the non-Article III tribunal, the adjudication is confined to issues of patentability, and the adjudication is ultimately reviewable by Article III courts.
The brief argued that Congress is authorized by Article I of the Constitution to implement the rights it creates with limited adjudication by the expert agencies charged with administering those rights. The separation of powers doctrine is not violated and the judiciary's role under Article III of the Constitution is not undermined because: Congress is the source of the rights adjudicated by the non-Article III tribunal, the adjudication is confined to issues of patentability, and the adjudication is ultimately reviewable by Article III courts.