PTAB Must Mull All Grounds In Nike IPR, Fed. Circ. Says

Law360 (July 2, 2018, 4:38 PM EDT) -- Under the U.S. Supreme Court's recent SAS Institute decision, the Patent Trial and Appeal Board must consider all grounds for challenged claims in an inter partes review, the Federal Circuit said Monday in reviving Adidas' challenge of two Nike shoe patents after the PTAB only considered one of Adidas' arguments for invalidity.

The appellate court said the PTAB had erred by ignoring one of Adidas' prior art grounds for its challenge of Nike's patents. Adidas had presented two separate arguments for invalidity, based on two different lines of prior art that would make the patents obvious. Monday's published decision means that the PTAB...

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?
Ask a question!