Federal Circuit Grants Rehearing and Remands IPR to PTAB post-SAS, PTAB Litigation Blog

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Last week, the Federal Circuit granted, in part, a panel rehearing request and remanded an IPR to the PTAB in view of SAS to address claims that were not initially instituted by the Board. Broad Ocean Tech., LLC v. Nidec Motor Corp., No. 2017-1933 (Fed. Cir. June 14, 2018) (Slip Op.). In this case, the Federal Circuit had affirmed the PTAB’s Final Written Decision just weeks before the Supreme Court’s decision in SAS Institute, Inc. v. Iancu, 138 S. Ct. 1348 (2018).

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