Sas Institute Inc. v. Iancu
U.S. Supreme Court · decided April 24, 2018 · Supreme Court Database (Spaeth)
- Decided
- April 24, 2018
- Term
- October Term 2017
- Vote
- 5–4
- Majority author
- Justice Gorsuch
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2017 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus SAS INSTITUTE INC. v. IANCU, DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 16–969. Argued November 27, 2017—Decided April 24, 2018 Inter partes review allows private parties to challenge previously is- sued patent claims in an adversarial process before the Patent Office. At the outset, a party must file a petition to institute review, 35 U.S. C . §311(a), that identifies the challenged claims and the grounds for challenge with particularity, §312(a)(3). The patent own- er, in turn, may file a response. §313. If the Director of the Patent Office determines “there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition,” §314(a), he decides “whether to institute . . . review . . . pursuant to [the] petition,” §314(b). “If . . . review is instituted and not dismissed,”…
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