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Patent Day At The Supreme Court: A Split Decision On Split Decisions?

 
• By Brenda Sandburg

US justices appear divided on whether Patent Trial and Appeal Board can issue a final decision on only some of patent claims challenged. Justice Sotomayor said petitioner is trying to get around the court's Cuozzo decision, but others cited ambiguity in the statute and efficiency of tackling all claims.

US Supreme Court building with 2nd statue on right

The second of the two patent cases the Supreme Court heard on Nov. 27 played out in front of a much smaller audience, but it was no less lively a performance by the justices and lawyers. The petitioner challenging the scope of inter partes review (IPR) decisions seemed to be facing a losing battle when questioned by Supreme Court justices Sonia Sotomayor and Elena Kagan. But other justices pointed to the ambiguity of the statute and the goal of the proceeding, suggesting the court may reach a split decision. 

The case, SAS Institute Inc. v. Matal, asks the court to determine whether final written decisions by the US Patent...

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