By Scott Hejny and Chelsea Priest (May 7, 2018, 4:28 PM EDT) -- The U.S. Supreme Court decision in SAS Institute v. Iancu[1] will likely strengthen a patent owner's ability to argue in favor of estoppel and keep a petitioner from getting multiple bites at the invalidity apple in parallel Patent Trial and Appeal Board and district court proceedings. At first glance the Supreme Court's recent decision appears to be another setback to patent owners. Instead of quickly defeating post-grant challenges to at least some challenged claims pursuant to a denial of institution, patent owners will now have to fight petitions even if the board finds merit with only a single ground challenging patentability. Upon closer examination, however, SAS' implications for estoppel are favorable and may even resolve a split concerning the scope of estoppel....
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