Post-SAS, To File Or Not To File A Preliminary Response?

Law360 (July 30, 2018, 2:02 PM EDT) -- On April 24, 2018, the U.S. Supreme Court held in SAS that a final written decision under 35 U.S.C. § 318(a) must decide the patentability of all claims challenged in the petition.[1] As a result, if a petitioner has demonstrated a reasonable likelihood of success in proving that at least one claim of the patent at issue is unpatentable, the Patent Trial and Appeal Board will institute on all grounds and all claims raised in the petition. Therefore, if the PTAB decides to institute a trial, the patent owner can no longer hope to have some grounds excluded from the trial...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!