PTO: PTAB Need Not Issue Final Decision On All Claims For Inter Partes Review

Mealey's (April 13, 2017, 12:59 PM EDT) -- WASHINGTON, D.C. — An appellate court correctly held that the Patent Trial and Appeal Board (PTAB) does not need to issue a final decision addressing the patentability of every claim identified in a petition for inter partes review (IPR), “including claims whose patentability the agency declined to review in the instituted proceeding,” the U.S. Patent and Trademark Office (PTO) director tells the U.S. Supreme Court in an April 5 response brief (SAS Institute Inc. v. Michelle K. Lee, director, U.S. Patent and Trademark Office and ComplementSoft LLC, No. 16-969, U.S. Sup.)....