SAS Institute Inc. v. Iancu

Docket No.	Argument	Opinion	Vote	Author	Term
16-969	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 Offices rules for partial consideration of petitions for inter partes review (Ronald Mann, April 25, 2018)
Argument analysis: Justices debate Patent and Trademark Offices 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 Offices 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 15, 2017)

Date	Proceedings and Orders (key to color coding)
01/31/2017	Petition for a writ of certiorari filed. (Response due March 6, 2017)
02/28/2017	Order extending time to file response to petition to and including April 5, 2017.
04/05/2017	Brief of Federal Respondents in opposition filed.
04/17/2017	Reply of petitioner SAS Institute Inc. filed.
04/19/2017	DISTRIBUTED for Conference of May 11, 2017.
05/15/2017	DISTRIBUTED for Conference of May 18, 2017.
05/22/2017	Petition GRANTED.
06/22/2017	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 20, 2017.
06/22/2017	The time to file respondents' brief on the merits is extended to and including September 5, 2017.
07/20/2017	Joint appendix filed. (2 Volumes) (Statement of costs filed)
07/20/2017	Brief of petitioner SAS Institute Inc. filed.
07/20/2017	Brief amicus curiae of Intellectual Property Owners Association filed.
09/05/2017	Brief of Federal Respondent filed.
09/05/2017	Brief of respondent ComplementSoft, LLC filed.
09/12/2017	Motion for divided argument filed by respondent ComplementSoft, LLC.
09/12/2017	Brief amicus curiae of Houston Intellectual Property Law Association filed.
10/05/2017	Reply of petitioner SAS Institute Inc. filed.
10/06/2017	SET FOR ARGUMENT ON Monday, November 27, 2017
10/10/2017	Motion for divided argument filed by respondent DENIED.
10/12/2017	CIRCULATED
10/18/2017	Record requested from the U.S.C.A. Federal Circuit.
10/18/2017	Record received from the U.S.C.A. Federal Circuit is electronic and located on PACER.
11/27/2017	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.
04/24/2018	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.
05/29/2018	JUDGMENT ISSUED.