Jonathan Stroud’13 in his recent article in Regulation, a quarterly periodical published by Cato Institute, weighs in on the iconic Supreme Court case Oil States Energy Service v. Greene’s Energy Group, stating that the case is a “fight over the use of administrative tribunals, not intellectual property rights.” He points out that Oil States is not “about patents — it is the opening salvo in what promises to be a lengthy battle at the reconstituted Supreme Court between those who would seek to curtail the administrative state and those who would like to preserve its status quo.” Stroud’s detailed article sheds light on the systematic shift of administrative law, rather than patent policy reform in the patent field.
Jonathan Stroud March 22, 2018