Federal Circuit Rules That The PTAB Cannot Adopt A New Claim Construction In A Final Written Decision Without Giving The Parties An Opportunity To Address That New Construction: SAS Institute Inc., v. ComplementSoft, LLC

The PTAB sometimes changes its claim constructions during the course of an inter partes review or a covered business method review. When it does so, according to the Federal Circuit’s recent holding in SAS Institute Inc. v. ComplementSoft, LLC, __ F. 3d __ (Fed. Cir....