The U.S. Supreme Court is taking a close look this term at the Patent Trial and Appeal Board.
The brightest spotlight is on the issue of whether the PTAB has constitutional authority to review the validity of issued patents. If the answer to that question is yes, then a second, largely overlooked case will take center stage. SAS Institute v. Matal could force the PTAB to review of all the patent claims that a petitioner challenges in an inter partes review, instead of just a subset chosen by the PTAB.
In this podcast, Bob Steinberg, an IP partner at Latham & Watkins and the president of the PTAB Bar Association, talks about the potential impact of the case. Steinberg—who wrote about the case here—says fully deciding IPR petitions will make patent litigation more efficient, promote integrity in the system, and solidify the PTAB as the venue for determining patentability.