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Brian Pandya Discusses Implications of Supreme Court’s 2018 Patent Rulings

Law360
July 3, 2018

Brian H. Pandya, a partner in Wiley Rein’s Intellectual Property and Litigation practices, was quoted by Law360 in a July 2 article about the implications of this year’s patent rulings by the U.S. Supreme Court.

In one case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Court rejected a constitutional challenge to the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents through inter partes reviews (IPRs) under the 2011 America Invents Act (AIA). 

“The Court left open room for more targeted challenges, and I think we’ll see that,” Mr. Pandya said of the April 24 Oil States ruling.

In a separate decision that same day, in SAS Institute Inc. v. Iancu, the Supreme Court rejected the PTAB’s practice of conducting partial inter partes reviews. Under that ruling, the PTAB must now decide all challenged claims of a patent when it agrees to conduct an IPR.

“The bar is going to respond accordingly to SAS and be more selective about the claims they challenge and the arguments they raise,” Mr. Pandya told Law360.

The Law360 article can be found here (subscription required).