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Expert Analysis

How Fed. Circ. Nike Ruling May Change Inter Partes Review

By Michael Fleming and James Milkey ( August 1, 2018, 3:16 PM EDT) -- On April 24, 2018, the U.S. Supreme Court in SAS Institute v. Iancu held that if the Patent Trial and Appeal Board institutes an inter partes review, any final written decision must decide the patentability of all claims challenged in the petition.[1] Central to the court's reasoning was that "the petitioner's petition ... is supposed to guide the life of the litigation," and "[n]othing suggests the Director enjoys a license to depart from the petition and institute a different inter partes review of his own design."[2]...

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