Rubén Muñoz Quoted by IP Watchdog on Significance of SCOTUS Decision in SAS Institute v. Iancu
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Akin Gump intellectual property partner Rubén Muñoz has been quoted by IP Watchdog for its article “SAS: When the Patent Office institutes IPR it must decide patentability of all challenged claims.”
Muñoz, whose practice focuses on patent infringement litigation, discussed the U.S. Supreme Court decision in SAS Institute v. Iancu, in which the Court ruled “When the Patent Office institutes an inter partes review, it must decide the patentability of all of the claims the petitioner has challenged.”
He noted, “The SAS decision is a win for petitioners in the following sense. As long as the [Patent Trial and Appeal Board] finds at institution that there is a reasonable likelihood that a petitioner will prevail on its challenge to at least one claim, that petitioner now has the ability to continue the fight on all other challenged claims—not only in the IPR proceeding itself, but also through appeal. “
Muñoz added that SAS is “a game changer” in that it could put claims at risk that would have otherwise “remained in a patent owner’s IP arsenal in a pre-SAS world.”
