In 2018, the Supreme Court's decision in Oil States affirmed the constitutionality of inter partes review, ruling patents as 'public rights' allowing their cancellation without jury trial.
The Jarkesy case has narrowed the definition of 'public rights,' suggesting a shift that may challenge the foundations established by Oil States regarding patent validity determinations.
The shift in the Court's majority regarding 'public rights' raises questions about the future of IPR proceedings and their constitutionality in light of historical common law.
The differing positions of justices on Oil States and Jarkesy indicate a complex and evolving legal landscape for patent rights and administrative rulings.
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