With the new inter partes review process, a party can seek to invalidate specific claims of a patent based on published prior art by filing a petition with the USPTO.

[3] In contrast, biomedical and pharmaceutical firms are critical of the process since it is a non-judicial review by which rival companies can challenge and invalidate their patents, which often are the product of extensive time and costs for research and development.

[4] The inter partes review process has led the PTAB being called the "patent death squad", a term coined by Randall Rader, a former Chief Judge on the Federal Appeals Court.

Following receipt of Oil States' response to the petition, the PTAB found that there was a likelihood that Greene's Energy's challenge would prevail and initiated the inter partes review.

While District Court denied summary judgment to Greene’s Energy, allowing the case to proceed,[7][8] the PTAB ruled that the two claims were invalid and cancelled Oil States’ patents.

The Court granted certiorari in June 2017 specifically to address the Article III and Seventh Amendment questions raised by Oil States.

While Breyer agreed in full with the majority opinion, he stated that precedent held that even matters dealing with private rights do not require adjudication by Article III courts and can be performed by government agencies.