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PTAB Institution Decisions In The Wake Of SAS

Law360 (July 12, 2018, 1:14 PM EDT) -- In SAS v. Inancu,[1] writing for the 5-4 majority Justice Neil Gorsuch made three fundamental determinations regarding the statutory mandate for inter partes reviewsunder the America Invents Act:

1. In determining whether to institute a proceeding the Patent Trial and Appeal Board has a “binary choice” — it can institute a proceeding in which all claims and all grounds[2] challenged in the petition are reviewed, or it can decline to institute so that no claims are reviewed.[3] The statutory framework does not permit the “partial institution”...
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