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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.
SAS filed its petition to review the patentability of ComplementSoft's U.S. Patent No. 7,110,936 (“the '936 patent”). SAS's petition challenged all 16 claims of the '936 patent as being unpatentable. The PTAB instituted IPR for claims 1 and 3-10. In its institution decision, the PTAB construed certain terms of the '936 patent. In particular, the term “graphical representations of data flows” was construed to mean “a depiction of a map of the path of data through the executing source code.”
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