5/10/2018
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`Guidance on the impact of SAS on AIA trial proceedings | USPTO
`
`Guidance on the impact of SAS on AIA
`trial proceedings
`Release date: April 26, 2018
` 
`On April 24, 2018, the U.S. Supreme Court issued SAS Institute Inc. v. Iancu, 2018 WL 1914661, (U.S. Apr. 24, 2018). In light
`of this decision, the Patent Trial and Appeal Board (PTAB) will proceed in the following fashion at this time. The PTAB will
`continue to assess the impact of this decision on its operations and will provide further guidance in the future if
`appropriate.
`
`As required by the decision, the PTAB will institute as to all claims or none. At this time, if the PTAB institutes a trial, the
`PTAB will institute on all challenges raised in the petition. 
`
`For pending trials in which a panel has instituted trial on all of the challenges raised in the petition, the panel will continue
`with the proceeding in the normal course. By contrast, for pending trials in which a panel has instituted trial only on some
`of the challenges raised in the petition (as opposed to all challenges raised in the petition), the panel may issue an order
`supplementing the institution decision to institute on all challenges raised in the petition. 
`
`Additionally, for pending trials in which a panel enters an order supplementing the institution decision pursuant to this
`notice, the panel may take further action to manage the trial proceeding, including, for example, permitting additional
`time, briefing, discovery, and/or oral argument, depending on various circumstances and the stage of the proceeding. For
`example, if the panel has instituted a trial and the case is near the end of the time allotted for filing the Patent Owner
`Response, the panel may extend the due date for the Patent Owner Response to enable the patent owner to address any
`additional challenges added to the proceeding. Additionally, cases near the end of the 12-month statutory deadline may
`be extended, on a case-by-case basis, if required to afford all parties a full and fair opportunity to be heard. In such cases,
`the panel may adjust other procedural dates as necessary. 
`
`Upon receipt of an order supplementing the institution decision, the petitioner and patent owner shall meet and confer to
`discuss the need for additional briefing and/or any other adjustments to the schedule. While the Board may act sua sponte
`in some cases, additional briefing and schedule adjustments might not be ordered if not requested by the parties.
`Additionally, the parties may agree to affirmatively waive additional briefing or schedule changes. After meeting and
`conferring, the parties then shall contact the Board to discuss any requested additional briefing and/or schedule changes.
`It is expected that the parties will work cooperatively amongst themselves to resolve disputes and propose reasonable
`modifications to the schedule. Any remaining disputes shall be raised in a conference call with the Board. For details, the
`parties are commended to the order supplementing the institution decision entered in their particular case, and shall
`follow the instructions provided by the Board in such order. 
`
`The final written decision will address, to the extent claims are still pending at the time of decision, all patent claims
`challenged by the petitioner and all new claims added through the amendment process.  
`
`https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/trials/guidance-impact-sas-aia-trial
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`Patent Owner Gree, Inc.
`Exhibit 2001 - Page 1 of 2
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`5/10/2018
`Guidance on the impact of SAS on AIA trial proceedings | USPTO
`If parties have any questions about the impacts of the SAS decision, the parties may contact the panel (if case-specific) or
`submit questions in writing to the Board’s Trials@uspto.gov email box (if general).
`
`The PTAB will host a “Chat with the Chief” webinar on Monday, April 30, 2018, from noon to 1 p.m. ET to discuss the SAS
`decision, its impacts on AIA trial proceedings, and answer questions. 
`
` 
`
`https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/trials/guidance-impact-sas-aia-trial
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