On May 22, 2017, the U.S. Supreme Court granted certiorari in SAS Institute v. Lee, 825 F. 3d 1341 (Fed. Cir. 2016), cert granted, No. 16-969 (June 12, 2017) regarding partial institution of IPR. The Court presented the following question: Does 35 USC 318(a) require the PTAB to issue a final written decision as to every claim challenged by the petitioner or does it allow the Board to issue a final written decision with respect to patentability of only some of the patent claims challenged by the petitioner.
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