Supreme Court to Review Constitutionality of Patent-Review SystemBy
The U.S. Supreme Court agreed to rule on the constitutionality of a system that has invalidated hundreds of patents and divided the technology and drug industries.
The justices Monday said they will hear contentions that the system, set up by Congress in 2011, violates the constitutional right to a jury trial. Under the system, known as inter partes review, an administrative board has power to throw out issued patents.
That body, the Patent Trial and Appeal Board, has become a multibillion-dollar tool for companies susceptible to patent lawsuits. Apple Inc., Google Inc. and Samsung Electronics Co. have all benefited from decisions invalidating patents held by lesser-known tech companies.