SAS INSTITUTE, INC. v. COMPLEMENTSOFT, LLC.

2015-1346, 2015-1347.

825 F.3d 1341 (2016)

SAS INSTITUTE, INC., Appellant v. COMPLEMENTSOFT, LLC., Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: June 10, 2016.


Attorney(s) appearing for the Case

JOHN MARLOTT , Jones Day, Chicago, IL, argued for appellant. Also represented by GREGORY A. CASTANIAS , Washington, DC; DAVID B. COCHRAN , Cleveland, OH; MATTHEW JOHNSON , Pittsburgh, PA.

MATTHEW TOPIC , Loevy & Loevy Attorney at Law, Chicago, IL, argued for cross-appellant.

JOSEPH GERARD PICCOLO , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by THOMAS W. KRAUSE , SCOTT WEIDENFELLER , STACY BETH MARGOLIES .

Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge Newman.


SAS Institute, Inc. filed an inter partes review ("IPR") petition with the Patent Trial and Appeal Board ("Board") to review the patentability of ComplementSoft's U.S. Patent No. 7,110,936. The Board instituted an IPR proceeding on some, but not all, of the '936 patent claims challenged in SAS's petition. The Board ultimately...

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