April 24, 2018 / 11:04 PM / a month ago

Supreme Court says PTAB must address all challenged patent claims

The U.S. Patent Trial and Appeal Board can no longer review only some of the patent claims challenged by petitioners in inter partes review (IPR) proceedings, the U.S. Supreme Court said on Tuesday in a 5-4 decision.

The high court held in SAS Institute Inc v. Iancu that, when PTAB agrees to review the validity of a patent through the IPR process, it is required by its authorizing statute to decide the patentability of all the claims challenged by the petitioner.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2Hovo9T

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