SAS Institute Inc. v. Iancu
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-969 | Fed. Cir. | Nov 27, 2017 | Apr 24, 2018 | 5-4 | Gorsuch | OT 2017 |
Holding: When the United States Patent and Trademark Office institutes an inter partes review to reconsider an already-issued patent claim, under 35 U. S. C. §§311–319, it must decide the patentability of all of the claims the petitioner has challenged.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Gorsuch on April 24, 2018. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. Justice Breyer filed a dissenting opinion, in which Justice Ginsburg and Sotomayor joined, and in which Justice Kagan joined except as to Part III-A.
SCOTUSblog Coverage
- Symposium: Minimalism with radical potential (Gillian Metzger, June 22, 2018)
- OT2017 #24: "Kudos To Whoever Did This" (First Mondays, May 7, 2018)
- Opinion analysis: Justices reject Patent and Trademark Office’s rules for partial consideration of petitions for inter partes review (Ronald Mann, April 25, 2018)
- Argument analysis: Justices debate Patent and Trademark Office’s rules limiting scope of inter partes review (Ronald Mann, November 28, 2017)
- OT2017 #7: “Keys to a Valet” (First Mondays, November 27, 2017)
- Argument preview: Justices to consider propriety of the Patent and Trademark Office’s rules limiting scope of inter partes review (Ronald Mann, November 20, 2017)
- Today's orders (Amy Howe, May 22, 2017)
- Petition of the day (Kate Howard, April 14, 2017)
| Date | Proceedings and Orders |
|---|---|
| Jan 31 2017 | Petition for a writ of certiorari filed. (Response due March 6, 2017) |
| Feb 28 2017 | Order extending time to file response to petition to and including April 5, 2017. |
| Apr 05 2017 | Brief of Federal Respondents in opposition filed. |
| Apr 17 2017 | Reply of petitioner SAS Institute Inc. filed. |
| Apr 19 2017 | DISTRIBUTED for Conference of May 11, 2017. |
| May 15 2017 | DISTRIBUTED for Conference of May 18, 2017. |
| May 22 2017 | Petition GRANTED. |
| Jun 22 2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 20, 2017. |
| Jun 22 2017 | The time to file respondents' brief on the merits is extended to and including September 5, 2017. |
| Jul 20 2017 | Joint appendix filed. (2 Volumes) (Statement of costs filed) |
| Jul 20 2017 | Brief of petitioner SAS Institute Inc. filed. |
| Jul 20 2017 | Brief amicus curiae of Intellectual Property Owners Association filed. |
| Sep 05 2017 | Brief of Federal Respondent filed. |
| Sep 05 2017 | Brief of respondent ComplementSoft, LLC filed. |
| Sep 12 2017 | Motion for divided argument filed by respondent ComplementSoft, LLC. |
| Sep 12 2017 | Brief amicus curiae of Houston Intellectual Property Law Association filed. |
| Oct 05 2017 | Reply of petitioner SAS Institute Inc. filed. |
| Oct 06 2017 | SET FOR ARGUMENT ON Monday, November 27, 2017 |
| Oct 10 2017 | Motion for divided argument filed by respondent DENIED. |
| Oct 12 2017 | CIRCULATED |
| Oct 18 2017 | Record requested from the U.S.C.A. Federal Circuit. |
| Oct 18 2017 | Record received from the U.S.C.A. Federal Circuit is electronic and located on PACER. |
| Nov 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. |
| Apr 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. |
