What To Expect If High Court Rejects PTAB Partial Decisions

Law360, New York (November 1, 2017, 1:04 PM EDT) -- Parties before the Patent Trial and Appeal Board have become accustomed to the board’s practice of instituting trial as to some, but not all, patent claims challenged in a petition for inter partes review, a practice often referred to as “partial institution.” The board’s final written decision in such a situation addresses only the patentability of those challenged claims selected by the board for review; it does not address other challenged claims.

In SAS Institute Inc. v. Matal,[1] No. 16-969 (S. Ct.), the U.S. Supreme Court will consider whether the board instead must render a final written decision addressing all challenged...

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