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...

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