Supreme Court Hears Arguments in SAS Institute, Inc. v. Joseph Matal

November 28, 2017

Supreme Court Hears Arguments in SAS Institute, Inc. v. Joseph Matal by Stephen G. Kunin and W. Todd Baker

Yesterday, the Supreme Court heard oral arguments in SAS Institute, Inc. v. Joseph Matal on the question of whether the PTAB is required by statute to address the patentability of every challenged claim in a final written decision in an IPR proceeding. Some justices disagreed as to whether the statute was clear on its face or whether the inclusion of the word “any” required interpretation based on the context of the statute. Consistent with Cuozzo v. Lee some justices argued that the AIA gives the PTAB broad discretion in its institution decisions. While the comments of the justices at oral argument are not necessarily predictive of the outcome, it is doubtful that the Court will decide the case on a strict statutory interpretation basis. Stay tuned.