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

By Christopher McKee (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 by filing a preliminary response....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.

A Law360 subscription includes features such as