SAS Institute Inc. v. Iancu, 584 U.S. ___ (2018), was a United States Supreme Court case in which the Court held the United States Patent and Trademark Office, when conducting an inter partes review, must make judgement on all patent claims contested by the petitioner.
[1] The case extended from an inter partes review of a patent granted to ComplementSoft by the SAS Institute.
The Patent Office determined that SAS's petition has merit to find at least one of the claims to be invalid, sufficient to begin the inter partes review.
Gorsuch wrote that the language of the inter partes statute as passed by Congress was clear, in that there was no "partial institution" power enjoyed by the Director.
Ginsburg argued that as they have already determined from Cuozzo Speed Technologies, LLC v. Lee[5] that the Director is not mandated to grant an inter partes review, the language of the statute could allow the Director of the Patent Office to refuse a petition that includes challenges to claims that they do not believe likely to be invalid, allowing the petitioner to file an amended petition.