Supreme Court Decides Constitutionality and Scope of Inter Partes Review of Patents

In a pair of decisions issued last week, the Supreme Court upheld the constitutionality of inter partes review of patents under the America Invents Act, but held that the Patent Trial and Appeal Board must review and rule on the validity of all challenged claims, rather than just those with a reasonable likelihood of success.

In this alert memo, we discuss these decisions and their implications.