California Appellate Tracker

SAS Institute, Inc. v. Iancu

May 22, 2018

Once inter partes review is commenced by the Patent Office, the proceeding must decide the patentability of all of the claims the petitioner has challenged.

When the Director of the Patent Office determines there is a reasonable likelihood a petitioner will prevail on one or more challenges to patent claims, he institutes an inter partes review of the patent. This decision holds that once review is thus commenced, the Patent Office must decide the patentability of all of the claims the petitioner has challenged.

United States Supreme Court (Gorsuch, J; Ginsburg, Breyer, Sotomayor, & Kagan, JJ., dissenting); April 24, 2018; 2018 U.S. LEXIS 2629

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SAS Institute, Inc. v. Iancu

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