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SAS Institute Inc. v. Iancu

Docket No. Op. Below Argument Opinion Vote Author Term
16-969 Fed. Cir. Nov 27, 2017
Tr.Aud.
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

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