Fresh From the Bench: Latest Federal Circuit Court Cases
Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.
CASE OF THE WEEK
PGS Geophysical AS, v. Andrei Iancu, Appeal Nos. 2016-2470, -2472, -2474 (Fed. Cir. June 7, 2018)
In appeals from three inter partes review, the Federal Circuit addressed transition issues for cases currently on appeal that were commenced before the Supreme Court’s decision in SAS Institute Inc. v. Iancu. The SAS decision held that it is improper for the PTO Director to institute inter partes review of only some claims and not others. See our comprehensive analysis of the SAS decision here. In PGS, the Federal Circuit held that the holding in SAS also applies to different grounds asserted in a petition, and further held that it still has jurisdiction to review such cases, and that it would not sua sponte reverse cases that were not in accord with SAS.
Written by: Scott D. Eads and Nika F. Aldrich, Schwabe Williamson & Wyatt
Contributor: Cristin Wagner
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