Analysis

High Court Could Expand PTAB's Role In Validity Disputes

Law360, New York (May 22, 2017, 9:58 PM EDT) -- A case the U.S. Supreme Court agreed to hear Monday could concentrate patent validity disputes at the Patent Trial and Appeal Board by limiting piecemeal litigation where the board decides the validity of some patent claims in America Invents Act reviews and district courts decide others.

The high court decided to hear an appeal by SAS Institute Inc. challenging the PTAB's practice of deciding which claims of a patent to examine in AIA proceedings, which leaves the claims the board chooses not to review subject to later litigation in district court.

If the justices agree with SAS that the board's final...

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