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SAS INSTITUTE INC. v. IANCU

No. 16-969.

138 S.Ct. 1348 (2018)

584 U.S. 357

SAS INSTITUTE INC., Petitioner v. Andrei IANCU, as Director, United States Patent and Trademark Office, et al.

Supreme Court of United States.

Decided April 24, 2018.

Attorney(s) appearing for the Case

Gregory A. Castanias, Washington, DC, for Petitioner.

Jonathan C. Bond, Washington, DC, for Respondents.

Michael Kanovitz, Matthew V. Topic, Loevy & Loevy, Chicago, IL, for Respondent ComplementSoft, LLC.

John A. Marlott, Jones Day, Chicago, IL, David B. Cochran, Jones Day, Cleveland, OH, Gregory A. Castanias, Jones Day, Washington, DC, for Petitioner.

Nathan K. Kelley, Solicitor, Thomas W. Krause, Deputy Solicitor, Joseph G. Piccolo, Robert J. McManus, Associate Solicitors, United States Patent and Trademark Office, Alexandria, VA, Jeffrey B. Wall, Acting Solicitor General, Malcolm L. Stewart, Deputy Solicitor General, Jonathan C. Bond, Assistant to the Solicitor General, Mark R. Freeman, Joshua M. Salzman, Attorneys, Department of Justice, Washington, DC, for Federal Respondent.

A few years ago Congress created "inter partes review." The new procedure allows private parties to challenge previously issued patent claims in an adversarial process before the Patent Office that mimics civil litigation. Recently, the Court upheld the inter partes review statute against a constitutional...

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