Post-Grant for Practitioners | Looking Ahead: Practical Implications of Oil States Energy Services and SAS Institute

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On Tuesday, the Supreme Court of the United States released two much anticipated opinions relating to Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute Inc. v. Iancu. Fish principals Karl Renner, Dorothy Whelan, John Dragseth, and Rob Courtney reviewed the opinions and discussed practical implications for each:

Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

• Does the Supreme Court’s blessing of IPR proceedings portend anything for the future of the USPTO?
• Is this holding just “business as usual” or can unusual results be pulled out of the opinion?
• What are the biggest remaining administrative law issues?

SAS Institute Inc. v. Iancu

• The Supreme Court says the PTAB must consider all challenged claims when instituting an IPR.
• What does this mean for already-filed IPR proceedings?
• How does this holding affect institution strategies for Petitioners and Patent Owners (if it affects them at all)?
• Can the PTAB work around this decision?
• What does the close 5-4 decision tell us about future PTO appeals?