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Supreme Court Strikes Down PTAB Partial Decisions

Law360 (April 24, 2018, 10:24 AM EDT) -- The U.S. Supreme Court ruled Tuesday that the Patent Trial and Appeal Board must decide the validity of every challenged patent claim when it agrees to institute America Invents Act review, a departure from the PTAB’s current practice that could have wide-ranging implications for cases at the board.

The Supreme Court, in a 5-4 decision, ruled in favor of software developer SAS Institute, which argued the PTAB should not be able to select a subset of challenged claims to rule on. (AP) The Supreme Court, in...
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