April 2018: PTAB Partial Decisions in AIA Reviews

In a close 5-4 decision in SAS Institute Inc. v. Iancu, the Supreme Court found that the Patent Trial and Appeal Board’s previous practice of agreeing to review some challenged claims and deny review of others in America Invents Act patent reviews, is improper.  The Supreme Court, citing the language of the AIA, indicated that the PTAB must issue a final decision with respect to the patentability of every patent claim that is challenged by a petitioner.

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