PTAB Will Address All Challenger Arguments Post-SAS

By Matthew Bultman (April 30, 2018, 9:02 PM EDT) -- The Patent Trial and Appeal Board will review every argument raised by challengers in America Invents Act reviews, the board's top judges said Monday, providing additional clarity on how the PTAB will handle patent challenges in the wake of the U.S. Supreme Court's recent SAS Institute ruling.

Chief Judge David Ruschke said although the Supreme Court's decision in SAS Institute v. Iancu appears only to require the PTAB address every challenged patent claim if it agrees to review a patent, the board also plans to address all grounds that are raised in the petition.

"At this point, we are looking at that...

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