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IP News

By Jeffrey S. Ginsberg and David Cooperberg

Federal Circuit Remands PTAB Decision Due to Claim Construction Change

On June 10, 2016, a Federal Circuit panel of Judges Newman, Chen and Stoll issued a majority opinion, authored by Judge Stoll, in SAS Institute, Inc. v. Complementsoft, LLC, Case Nos. 2015-1346 and 2015-1347. The panel vacated-in-part the PTAB's decision on patentability in an inter partes review (IPR) proceeding and remanded due to the PTAB's adoption of a new claim construction in its final written decision that differed significantly from that offered in its institution decision.

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