Challenges Ahead For PTAB After High Court SAS Ruling

Law360 (April 30, 2018, 11:22 AM EDT) -- In the U.S. Supreme Court’s recent decision in SAS Institute Inc. v. Iancu, the court issued a split 5-4 decision holding that if “the Patent Office institutes an inter partes review, it must decide the patentability of all of the claims the petitioner has challenged.” The court’s decision rejected the Patent Trial and Appeal Board’s prior rule-based policy of invoking its discretion to institute “partial institutions” of inter partes reviews on fewer than all of the challenged claims. In its ruling, the court explicitly rejected the U.S. Patent and Trademark Office director’s policy argument — that partial institution is efficient because...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!