More Briefs in Support of ending IPRs

Oil States v. Greene’s Energy (Supreme Court 2017)

Briefing continues in the Oil States constitutional challenge to the IPR System.  Amicus briefs supporting either the petitioner or neither party were due August 31 with at least 31 filings –  Respondents’ brief (both Greene’s Energy and USPTO) will be due October 23 with supporting amicus shortly thereafter.

• Petitioner Merits Brief [Brief][Discussion of Brief]
• Amicus in Support of Petitioner
  • Alliacense (N.Heller) [Brief][Discussion of Brief]
  • Grass Root Inventors (R.Greenspoon) [Brief]
  • 27 Law Professors (Mossoff) [Brief]
  • CATO Institute [Brief]
  • Affected Patent Owners [Brief]
  • Eagle Forum [Brief]
  • Unisone Strategic IP [Brief]
  • Security People [Brief]
  • Abbvie [Brief]
  • BIO and AUTM [Brief]
  • Blackwell [Brief]
  • Karshtedt [Brief]
  • Evolutionary Intelligence [Brief]
  • Gary Lauder [Brief]
  • IEEE-USA [Brief]
  • InterDigital [Brief]
  • Liquid Power [Brief]
  • Pacific Legal and Private Property Interest Groups [Brief]
  • PhRMA [Brief]
  • Prof. Ely [Brief]
  • UNM [Brief]

• Amicus in Support of Neither Party
  • Gomez-Arostegui [Brief][Discussion of Brief]
  • Association of Amicus Cousel [Brief]
  • NYU Civil Jury Project [Brief] (Important Brief by Chemerinsky)
  • IPO [Brief] (Patents are private rights)
  • Shire Pharma [Brief]  (IPRs harm the biotech industry)
  • 3M [Brief] (ending IPRs won’t harm the patent system)
  • AIPLA [Brief] (IPR system is OK patents are public rights for the Article III analysis)
  • BPLA (Boston) [Brief] (IPRs serve an important goal) 
  • PTAB Assn [Brief] (IPR “Benefits all parties”)
  • IPLAC (Chicago) [Brief] (Patents issued after AIA might be treated differently than those issued before-hand) 
• Petitions-stage Briefs
  • 16-712-petition
  • 16-712-respondents-BIO
  • 16-712-Reply-Brief-for-Petitioner
  • 16-712-Government-BIO
  • 16-712-Reply-to-Federal-Respondent

I have not reviewed all of these these briefs, yet, but have a few notes above.  As expected, the vast majority of these top-side briefs support the petitioner. I have highlighted above the few briefs, including that by AIPLA, that support keeping the current system.