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SAS Institute, Inc. v. Iancu

 
DOCKET NO.
16-969
OP. BELOW
Fed. Cir.
OPINION
April 24, 2018
SUBJECT
Patent
AUTHOR
Gorsuch

Question(s) Presented

“When the Patent Office initiates an inter partes review, must it resolve all of the claims in the case, or may it choose to limit its review to only some of them?”

Holding

“The statute, we find, supplies a clear answer: the Patent Office must ‘issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner.’ 35 U.S.C. § 318(a) (emphasis added). In this context, as in so many others, ‘any’ means ‘every.’ The agency cannot curate the claims at issue but must decide them all.”

Posts About this Case

Date
Proceedings and Orders
January 31, 2017
Petition for a writ of certiorari filed. (Response due March 6, 2017)
February 28, 2017
Order extending time to file response to petition to and including April 5, 2017.
April 5, 2017
Brief of Federal Respondents in opposition filed.
April 17, 2017
Reply of petitioner SAS Institute Inc. filed.
April 19, 2017
DISTRIBUTED for Conference of May 11, 2017.
May 15, 2017
DISTRIBUTED for Conference of May 18, 2017.
May 22, 2017
Petition GRANTED.
June 22, 2017
The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 20, 2017.
June 22, 2017
The time to file respondents' brief on the merits is extended to and including September 5, 2017.
July 20, 2017
Joint appendix filed. (2 Volumes) (Statement of costs filed)
July 20, 2017
Brief of petitioner SAS Institute Inc. filed.
July 20, 2017
Brief amicus curiae of Intellectual Property Owners Association filed.
September 5, 2017
Brief of Federal Respondent filed.
September 5, 2017
Brief of respondent ComplementSoft, LLC filed.
September 12, 2017
Motion for divided argument filed by respondent ComplementSoft, LLC.
September 12, 2017
Brief amicus curiae of Houston Intellectual Property Law Association filed.
October 5, 2017
Reply of petitioner SAS Institute Inc. filed.
October 6, 2017
SET FOR ARGUMENT ON Monday, November 27, 2017
October 10, 2017
Motion for divided argument filed by respondent DENIED.
October 12, 2017
CIRCULATED
October 18, 2017
Record requested from the U.S.C.A. Federal Circuit.
October 18, 2017
Record received from the U.S.C.A. Federal Circuit is electronic and located on PACER.
November 27, 2017
Argued. For petitioner: Gregory A. Castanias, Washington, D. C. For respondents: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
April 24, 2018
Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined, and in which Kagan, J., joined except as to Part III-A.
May 29, 2018
JUDGMENT ISSUED.