CAFC Clarifies SAS Impact on Pending Appeals

CAFC Has Jurisdiction Where SAS Relief Waived The impact of the Supreme Court’s decision in SAS Institute has been immediate and far-reaching. As explained last week, the courts have quickly realized the import of this Patent Trial & Appeal Board (PTAB) practice change on motions to stay. As for the PTAB itself, the agency is currently grappling with the unexpected expansion of roughly 50% of its current caseload. With a significant number of PTAB trial appeals on the docket of the Federal Circuit, questions remained as to how the Court might resolve the SAS questions in the cases pending before it. Today, the court issued a precedential decision in PGS Geophysical AS v. Iancu in which the Court found outstanding SAS issues did not deprive it of appellate jurisdiction. Setting aside the jurisdictional issue for a moment, the Court also addressed an oft-debated reading of SAS with respect to non-instituted grounds. That is, whether the holding…

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