DIRTT wins at CAFC on SAS issue

DIRTT Environmental Solutions, Ltd. appeals from a
final written decision of the Patent Trial and Appeal
Board (“Board”) in an inter-partes review proceeding,
finding that Allsteel Inc. (“Allsteel”) had shown by a
preponderance of the evidence that claims 1, 4–7, 9, 10,
14–20, and 25 of U.S. Patent No. 8,024,901 are unpatentable
under 35 U.S.C. § 103. Allsteel Inc. v. DIRTT Envtl.
Sols. Ltd., No. IPR2015-01691, 2017 WL 379367 (P.T.A.B.
Jan. 19, 2017). Because the Board’s final written decision
addresses fewer than all claims challenged in Allsteel’s
petition to institute inter-partes review, and the parties
have not waived their objections to the Board’s failure to
address the non-instituted claims, we vacate and remand
to allow the Board to issue a final written decision consistent
with SAS Institute Inc. v. Iancu, 138 S. Ct. 1348
(2018).