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PTAB Can Reach Final Written Decision On Challenges Unlikely To Succeed, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

In SAS Institute v. Iancu, the Supreme Court held that when the PTAB institutes inter partes review under 35 U.S.C. § 314, it must decide the patentability of all claims the petitioner has challenged. SAS Institute left open the question of how the PTAB should handle the binary application of 35 U.S.C. § 314, especially for grounds that it finds lack a reasonable likelihood of success at institution. According to a recent PTAB decision, the Board held that is able to reach a final written decision on all claims, even those it criticizes or questions in the institution decision.

Read the full article at ptablitigationblog.com.

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