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SAS Institute Argues Before Supreme Court Against PTAB’s Partial-Decision Practice, PTAB Litigation Blog

November 2017

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In a closely followed case before the U.S. Supreme Court on behalf of SAS Institute Inc., a cross-office, cross-practice Jones Day team has challenged the Patent Trial and Appeal Board’s (PTAB) practice to elect to institute inter partes review (IPR) proceedings on some, but not all, of the challenged claims, resulting in partial decisions. Under these circumstances, the PTAB can only render a final decision as to the instituted claims, leaving some claims on the table. Where some of these claims are left unaddressed by the PTAB, it results in fragmented litigation on patent validity. Thus, the Supreme Court’s decision could significantly impact how the PTAB conducts IPRs.

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