Insight
Will SAS Sow Seeds of Chaos and Uncertainty?
May 30, 2018
On April 24, the Supreme Court addressed a procedural point concerning inter partes review (IPR); namely, whether after electing to review one or more challenged claims, the Patent Trial and Appeal Board (PTAB) must resolve the patentability of all of the challenged claims, or may limit its review to only some of those claims. SAS Institute, Inc. v. Iancu, Case No. 16-969 (April 24, 2018). While the issue addressed in SAS was seemingly technical, many commentators see the decision as a game changer that will dramatically impact IPR strategy, and the conduct of IPR proceedings going forward.