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Supreme Court Grants Certiorari in SAS Institute to Review Board’s Partial Decision Practice, PTAB Litigation Blog

May 2017

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On Monday, May 22, the United States Supreme Court agreed to review the Federal Circuit’s decision in SAS Institute Inc. v. Lee, No. 16-969. The petition for certiorari, which was filed by Jones Day lawyers Greg Castanias, John Marlott, and Dave Cochran, asks the Court to invalidate the Patent Trial and Appeal Board’s practice of issuing final decisions on fewer than all of the claims challenged by petitioners in inter partes reviews as a matter of statutory construction.

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