Federal Circuit Continues To Address Transitional IPR Appeals Post-SAS, PTAB Litigation Blog

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When the Supreme Court issued its decision in SAS Institute regarding partial IPR institution, the PTAB estimated that there were several hundred pending IPRs in which the Board had instituted some, but not all, claims and/or grounds. Similarly, at that time, there were pending before the Federal Circuit a significant number of appeals from PTAB partial institution decisions. In PGS Geophysical AS v. Iancu, the Federal Circuit addressed three of those appeals having an interesting procedural posture.

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