The Supreme Court’s SAS Decision: Has All-or-Nothing Institution Created a Wave of Change?
When the U.S. Supreme Court decided SAS Institute Inc. v. Iancu in the spring of 2018, it held that the Patent Trial and Appeal Board must institute inter partes review on either all claims raised in a petition or none of them. The ruling triggered anticipation of a major shift in the Board's approach to institution of inter partes review.
Did the expected wave of change occur?
To find out, we conducted original research into the impact of SAS. In the following analysis, we separate the hype from reality and consider the implications for inter partes review practice. Read the full publication.
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Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.