By Omar Khan, Barish Ozdamar and Lauren Matlock-Colangelo (August 24, 2020, 6:45 PM EDT) -- We surveyed inter partes review proceedings instituted in the year following the U.S. Supreme Court's 2018 decision in SAS Institute Inc. v. Iancu, and identified five takeaways regarding the Patent Trial and Appeal Board's findings at institution and their relationship to the ultimate patentability determinations in the final written decisions.
IPR proceedings may be instituted only if the director of the U.S. Patent and Trademark Office determines that "there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition." The PTAB is thus permitted to institute review based...
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