DIRTT ENVIRONMENTAL SOLUTIONS LTD v. ALLSTEEL INC (2018)

DIRTT Environmental Solutions, Ltd. appeals from a final written decision of the Patent Trial and Appeal Board (“Board”) in an interpartes 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 interpartes 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, ––– U.S. ––––, 138 S.Ct. 1348, 200 L.Ed.2d 695 (2018).

VACATED AND REMANDED

Costs

No costs.

O’Malley, Circuit Judge.