Adam Hess was quoted in Law360 on April 24, 2018, on two landmark patent cases decided by the Supreme Court and how the rulings will affect practice before the Patent Trial and Appeal Board. Here is an excerpt:
In SAS Institute ... the court found that the America Invents Act was clear on its face and did not believe it was necessary to resort to the Chevron doctrine to interpret the statute. This decision likely will result in fewer settlements and more work for all parties, including the board, as there will remain more uncertainty throughout the entire process as to whether any claims will survive review. Although the Oil States decision will have little impact on day-to-day practice before the PTAB, the decision left open the possibility of future challenges to the constitutionality of America Invents Act reviews. The court specifically emphasized the narrowness of its holding and noted that 'Oil States does not challenge the retroactive application of inter partes review, even though that procedure was not in place when the patent issued. Nor has Oil States raised a due process challenge.' We can expect that both of these issues likely will be raised in future challenges to the constitutionality of America Invents Act reviews.