Analysis

Tough Questions Await As PTAB Partial Reviews Get Boot

Law360 (April 24, 2018, 10:35 PM EDT) -- The U.S. Supreme Court’s decision that the Patent Trial and Appeal Board must decide the validity of all challenged claims in America Invents Act reviews could simplify certain patent disputes, but it raises a host of questions for the PTAB and for litigants, with increased costs and less detailed institution decisions possible.

The 5-4 ruling, which came in a case brought by SAS Institute Inc., upends the PTAB’s current practice, under which the board has been able to select a subset of challenged claims to rule. The court said the PTAB’s final decisions must address all of the claims in a...

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