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SAS Institute Decision Causes Turmoil at the PTAB

Author: Thomas J. Engellenner

4/27/2018

Read the full post at Post-Grant Counsel

SAS Institute Decision Causes Turmoil at the PTAB

The U.S. Supreme Court’s decision this week in SAS Institute v. Iancu has upended a major provision of the U.S. Patent and Trademark Office (PTO) regulations for inter partes and post grant review proceedings conducted by its Patent Trial and Appeal Board (PTAB). By concluding in a 5-4 decision that the agency lacks the authority to render partial judgments on petitions that challenge issued patents, the PTO may be forced to overhaul its rules and regulations for implementing a key component of the 2011 patent reforms.

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