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SAS Files Opening Brief in Supreme Court Opposing “Partial” Final Written Decisions, PTAB Litigation Blog

July 2017

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On July 20, SAS Institute, Inc., represented by Jones Day, filed its opening brief in the Supreme Court. SAS’s brief amplifies the arguments, initially set forth in its petition for certiorari and reply brief in support of certiorari, that neither the plain language of 35 U.S.C. § 318(a) — which provides that the Patent Trial and Appeal Board in an inter partes review “shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner” — nor Chevron deference, supports the Board’s practice of issuing final written decisions on only some of the claims that the IPR petitioner challenged.

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