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Adidas AG v. Nike, Inc.

IPR Appeal Remanded Where Institution Decision Addressed All Claims But Not All Grounds

Adidas AG v. Nike, Inc., __ F.3d __, 2018 WL 3213007 (Fed. Cir. July 2, 2018) (MOORE, Wallach, Taranto) (PTAB) (3 of 5 stars)

Fed Cir grants motion to remand IPR appeal to PTAB. The Board had instituted on all claims of Adidas’s IPR petitions, but only on one of two grounds. Per SAS, 138 S. Ct. 1348 (2018), it is for the petitioner, not the Board, to define the contours of the proceeding, and thus the Board must address all petitioned-on grounds. “The Board is directed to promptly issue a final written decision as to all grounds raised in Adidas’s petitions.” Op. at 3.

KEYWORDS: INTER PARTES REVIEW; PETITION; GROUNDS