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Observations: Five Months After Supreme Court SAS Institute, PTAB Litigation Blog

October 2018

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As an update to the May 15, 2018 post, available here, some post-SAS trends appear to be taking shape. For the five-month period from May 2018 through September 2018, the PTAB issued 538 institution decisions. Of these, the PTAB instituted 304 cases and denied institution in 234 cases, resulting in a 56.5% institution rate. For the preceding five-month period from December 2017 through April 2018, the PTAB issued 611 institution decisions. Of these, the PTAB instituted 407 cases and denied 204 cases, resulting in a 66.61% institution rate. The PTAB’s institution rate dropped more than 10% in the five months following SAS as compared to the preceding five months.

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