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In a 5-4 decision, the PTAB’s practice of choosing which challenged claims to review was invalidate by SCOTUS. The Court determined that the America Invents Act requires the PTAB to address all challenged claims.
In its ruling, the Supreme Court majority emphasized a section of the AIA that states the PTAB “shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner.” “In this context, as in so many others, ‘any’ means ‘every,’” wrote Justice Gorsuch, adding that policy arguments about the efficiency of partial institutions should be addressed to Congress, not the courts. Supreme Court Strikes Down PTAB Partial Decisions, Law360, April 24, 2018