March 31, 2016
Michael Hawkins Quoted in Law360 Article "Checking In On SAS Institute 6 Months Later"
Fish Principal Michael Hawkins was recently interviewed by Law360‘s Matthew Bultman regarding his experience with the effects of the Supreme Court’s April decision in SAS Institute v. Iancu, in which the Court ruled that the PTAB does not have the discretion to choose which claims it will examine in AIA proceedings–if the PTAB chooses to institute post-grant proceedings against any claim, it must address all of the challenged claims.
“The board is, again, showing a trend toward providing a full analysis and shedding light and helping the parties. But now there is some interesting internal strategy that is happening both on the patent owner side and the petitioner side when you’re dealing with this.” – Michael Hawkins
“There’s almost no incentive to show your cards as to why you are strong on several dependent claims if the board, for the most, once they’ve considered the independent claims they don’t need to go any further.” – Michael Hawkins
“I think courts are still trying to deal with the repercussions of the SAS decision.” – Tasha Francis
Read the full Law360 article here.
Quoted: Michael Hawkins, Tasha Francis
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