In its April 2018 decision in SAS Institute, Inc. v. Iancu, the U.S. Supreme Court held that when conducting an inter partes review, the U.S. Patent Office must determine the patentability of each of the claims challenged by the petitioner.
Jones Day partners Dave Cochran and Matt Johnson explain how SAS Institute reverses prior interpretations of the inter partes review statute and discuss where it has already affected litigation strategies for petitioners and patent holders.
Listen to the podcast here. (Running time: 24:51)
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- SCOTUS Rejects Petition To Review Section 325(d) - December 3, 2018