Is Administrative Review of Granted Patents Constitutional?


Friday, September 22, 2017, 1:00 PM – 4:00 PM | Duke in DC, Washington, D.C. 20004

The U.S. Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, a case in which the petitioner argues that the most prominent U.S. Patent and Trademark Office process for analyzing the validity of granted patents “violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.” This half-day conference gathered distinguished practitioners and legal scholars from a variety of perspectives to discuss potential implications of the case for patent law, for the administrative state, and for affected industries.


Oil States’ Impact on Patent Law and Innovation

Erika Arner, Finnegan, Henderson
Paul Berghoff, McDonnell Boehnen Hulbert & Berghoff
Mike Messinger, Messinger PLLC
Greg Reilly, Chicago-Kent College of Law
Hans Sauer, Biotechnology Industry Organization
James Smith, Ecolab (former Chief Judge, PTAB)
Rob Sterne, Sterne, Kessler, Goldstein & Fox
Arti Rai, Duke Law School, moderator

Oil States’ Impact on the Administrative State



John Duffy, University of Virginia Law School
Mark Freeman, U.S. Department of Justice
John Golden, University of Texas Law School
Jonathan Massey, Massey & Gail
Adam Mossoff, Antonin Scalia Law School, George Mason University
John Thorne, Kellogg, Hansen, Todd, Figel & Frederick
Donald Verrilli, Munger, Tolles & Olson
Melissa Wasserman, University of Texas Law School
Arti Rai, Duke Law School, moderator


This conference was funded through support from Google and InterDigital.