The Federal Circuit Criticizes A PTAB Partial Institution, PTAB Litigation Blog
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The PTAB’s practice of partially instituting IPRs has been in the news lately, with Jones Day recently arguing against that practice at the Supreme Court on behalf of the SAS Institute (SAS). On December 5, 2017, the week after the Supreme Court arguments, the Federal Circuit issued an opinion taking the PTAB to task for a partial institution, but not for the reasons SAS argued to the Court.
