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Administrative Law Keyed to Breyer
Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
Citation:
584 U.S. 325, 138 S. Ct. 1365 (2018)Facts
Oil States Energy Services, LLC and Greene’s Energy Group, LLC are both oilfield services companies. In 2001, Oil States obtained a patent relating to an apparatus and method for protecting wellhead equipment used in hydraulic fracturing. In 2012, Oil States sued Greene’s Energy in Federal District Court for infringing that patent. Greene’s Energy responded by challenging the patent’s validity. Near the close of discovery, Greene’s Energy also petitioned the Patent Trial and Appeal Board to institute inter partes review, arguing that two of the patent’s claims were unpatentable because they were anticipated by prior art not mentioned in Oil States’ original patent application. The proceedings before the District Court and the Board progressed in parallel. The District Court issued a claim-construction order favorable to Oil States, but the Board later concluded that the claims were unpatentable. Oil States appealed to the Federal Circuit, challenging both the patentability determination and the constitutionality of inter partes review, arguing that actions to revoke a patent must be tried in an Article III court before a jury.
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