In a win for SAS Institute, represented by Jones Day attorneys Greg Castanias, John Marlott, and Dave Cochran, the U.S. Supreme Court issued its decision in SAS Institute Inc. v. Iancu, No. 16-969, __ U.S. __ (2018), this morning. The SAS decision rejects the Federal Circuit’s affirmation of the PTAB’s practice of instituting IPR on less than all claims challenged in a petition for IPR. Slip op. at 14. The Court rejects this practice, “Because everything in the statute before us confirms that SAS is entitled to a final written decision addressing all of the claims it has challenged and nothing suggests we lack the power to say so, the judgment of the Federal Circuit is reversed and the case is remanded for further proceedings consistent with this opinion.”

A full analysis and report on the Supreme Court’s decision in SAS Institute is forthcoming.