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No PTAB Do Over: After SAS Remand, PTAB Denies All Grounds, PTAB Litigation Blog

February 2019

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Last April, in SAS Institute, Inc. v. Iancu, 138 S. Ct. 1348 (2018), the Supreme Court held that after instituting an inter partes review, the PTAB must decide the patentability of all of the claims the petitioner has challenged. Subsequently, in PGS Geophysical AS v. Iancu, 891 F.3d 1354 (Fed. Cir. 2018), the Federal Circuit made clear that the reasoning and conclusion of SAS also applies to all asserted unpatentability grounds.

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