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Posts tagged ipr
If Oil States eradicates IPRs, how much will AbbVie gain? Coherus lose?

The Supreme Court has heard oral argument in Oil States v. Greene’s Energy, and a decision whether IPRs are unconstitutional is currently pending.  For companies currently embroiled in IPRs that could directly impact their bottom line, the Supreme Court’s decision could be very tangible.  AbbVie ($ABBV) and Coherus Biosciences ($CHRS) are a case in point. 

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Are patents public rights? A summary of the Respondents argument in Oil States.

Viewed through that lens, the Respondents argue there is nothing unconstitutional about IPRs.  Congress was expressly given the power to grant patents within the Constitution.  Congress has delegated that power to a federal agency, namely, the USPTO.  Any “right” to a patent therefore derives directly from a Federal Government action, and by that token, it is a public right.  In other words, patents do not embody a natural right of the inventor to exclude others from using his or her invention.  Rather, a patent only exists because Congress has expressly provided for it. 

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