How The End Of PTAB Partial Review Will Affect IPR

Law360 (April 26, 2018, 8:49 PM EDT) -- On April 24, 2018, in SAS Institute Inc. v. Iancu,[1] the U.S. Supreme Court issued a 5-4 decision that ends the U.S. Patent and Trademark Office's partial institution practice permitted by 37 CFR § 42.108(a), a patent office regulation. The partial institution practice allowed the Patent Trial and Appeal Board to institute an inter partes review with respect to fewer than all of the challenged claims. By requiring the PTAB to institute on grounds that the PTAB would not have included in the IPR trial, SAS Institute Inc. v. Iancu will cause fundamental changes to the IPR practice and will increase...

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