The second of the two patent cases the Supreme Court heard on Nov. 27 played out in front of a much smaller audience, but it was no less lively a performance by the justices and lawyers. The petitioner challenging the scope of inter partes review (IPR) decisions seemed to be facing a losing battle when questioned by Supreme Court justices Sonia Sotomayor and Elena Kagan. But other justices pointed to the ambiguity of the statute and the goal of the proceeding, suggesting the court may reach a split decision.
The case, SAS Institute Inc. v. Matal, asks the court to determine whether final written decisions by the US Patent...
