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Following the logic set forth in SAS Institute, Inc. v. Iancu, 138 S. Ct. 1348 (2018), the Federal Circuit granted Petitioner Adidas AG’s ("Adidas") motion to remand IPR2016-00921 and IPR2016-00922 to the Patent Trial and Appeal Board ("PTAB") for consideration of ground 2 of its petition. Although the SAS Institute decision pertained to institution of an IPR based on all claims in the petition, the Federal Circuit found that the remand of these IPRs was appropriate since the Supreme Court held that the "petitioner’s contentions, not the Director’s discretion, define the scope of the litigation all the way from institution through to conclusion." Adidas AG v. Nike, Inc., __F.__, slip op. at 3 (Fed. Cir. 2018).
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