The court is already considering expansion of process—magnifies the link
Leonard and Conde 18 [Jason Leonard and Dominick Conde are partners at Fitzpatrick, Cella, Harper, and Scinto. “The Intellectual Property Review Seventh Edition“, Chapter 25, https://www.venable.com/-/media/files/publications/2018/06/the-intellectual-property-review-edition-7/the-intellectual-property-review--edition-7.pdf published 4-2018, accessed 6-11-2024]
SAS Institute Inc v. Matal (argued 27 November 2017) (Supreme Court)
The Supreme Court is also considering whether the Patent Offce needs to consider all of the challenged patent claims during an IPR. Under the current practice, the Patent Offce 308 0 2018 Law Business Research Ltd United States may deny the IPR petition outright, grant the petition in its entirety, or grant review of only certain patent claims. If the Patent Offce institutes with respect only to certain patent claims, the other claims are not reviewed and that decision cannot be appealed. The Supreme Court is considering whether the AIA allows the Patent Offce the discretion to limit its review to certain claims. Should the Supreme Court require an 'all-or-nothing' approach for these petitions, patentees may face challenges on more claims than in the past. Likewise, while petitioners may have all of the claims they petitioned instituted, they would face the downside of estoppel in any district court litigation over all the claims too.