PTAB Provides Guidance on AIA Trial Procedure in View of SAS Institute

Recently, the Patent Trial and Appeal Board (PTAB) issued guidance on the impact of SAS Institute Inc. v. Iancu on AIA trial proceedings. Prior to SAS Institute, the PTAB routinely assessed whether or not to institute trial on a claim-by-claim basis. In SAS Institute, the Supreme Court struck down the PTAB’s practice of granting “partial institutions,” holding that when the PTAB institutes an inter partes review (IPR), the PTAB must decide the patentability of all claims challenged in the petition.

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