Challenges Ahead For PTAB After High Court SAS Ruling

By Timothy Riffe ( April 30, 2018, 11:22 AM EDT) -- In the U.S. Supreme Court's recent decision in SAS Institute Inc. v. Iancu, the court issued a split 5-4 decision holding that if "the Patent Office institutes an inter partes review, it must decide the patentability of all of the claims the petitioner has challenged." The court's decision rejected the Patent Trial and Appeal Board's prior rule-based policy of invoking its discretion to institute "partial institutions" of inter partes reviews on fewer than all of the challenged claims. In its ruling, the court explicitly rejected the U.S. Patent and Trademark Office director's policy argument — that partial institution is efficient because it permits the board to focus on the most promising challenges and avoid spending time and resources on others. In rejecting the director's argument, the court noted that such policy argument is "properly addressed to Congress, not this Court."...

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

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

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?
Ask a question!