Indefinite Claims May Be Tricky For IPR Challengers Post-SAS

Law360 (September 14, 2018, 8:42 PM EDT) -- As the Patent Trial and Appeal Board adjusts to life after SAS Institute, plenty of eyes will be watching to see how the board handles patent claims it believes are indefinite in inter partes review, which could create some headaches for challengers.

The U.S. Supreme Court's April ruling in SAS Institute v. Iancu upended the PTAB's practice of being able to select a subset of challenged claims to rule on. The ruling has created a number of practical issues for petitioners and patent owners alike.

One issue that remains in flux is how the PTAB in inter partes review will handle...

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