Supreme Court Rules Inter Partes Review Procedure Constitutional

In a landmark decision for patent law, and to the disappointment of some drug makers, the U.S. Supreme Court upheld the legality of inter partes reviews, preserving a method that makes it easier to challenge and invalidate dubious patents.

The procedure, created by Congress in 2011, allows such cases to be heard by the Patent Trial and Appeal Board, a process that skips the high costs and time associated with court litigation.

In a vote of 7-2, the justices ruled against Oil States International, an oil service provider that claimed IPRs violate the Seventh Amendment right to a trial by jury and the separation of powers.