SAS Institute, Inc. v. ComplementSoft, Inc., __ F.3d __ (Fed. Cir. 2016)(Stoll, J.), in an Inter Partes Review proceeding, the majority disagreed with the approach of the PTAB that reached a final decision based upon a new theory contrary to the procedural requirements of the Administrative Procedure Act as interpreted in See Dell Inc. v. Acceleron, LLC, 818 F.3d 1293 (Fed. Cir. 2016); and Belden Inc. v. Berk-Tek LLC, 805 F.3d 1064 (Fed. Cir. 2015).
The Great Patent Dissenter Strikes Again: Yet again, the senior-most member of the court set a new record for her number of dissents in a patent case. Her record stands out in First Place for patent dissents by any judge in the entire history of the Evarts Act dating back to the late nineteenth century, SAS Institute, __ F.3d at __ (Newman, J., dissenting).
The pdf version of this note includes an excerpt from the majority opinion.