February 21, 2019

What's Happening at PTAB and Federal Circuit: Adapting to SAS and Oil States

The Foley Patent Office Trials Team presents the latest developments at the PTAB, and in U.S. courts, following the Supreme Court decisions in late April in SAS Institute Inc. v. Iancu and Oil States Energy Services, LLC v. Greene’s Energy Group, LLC.

Following these pivotal Supreme Court decisions in late April, the month of May has brought significant developments both in the PTAB and the courts, in post-grant proceedings. At the same time, a more extended period of time will show how Petitioners and Patent Owners respond to the change in institution scope, including any strategic changes for Petition filings and Preliminary Patent Owner Responses.

In Oil States (handled by Foley), the Supreme Court upheld the constitutionality of IPR proceedings. In SAS, the Supreme Court held that the USPTO must decide the patentability of every claim challenged by the petitioner in an inter partes review (IPR) if an IPR is instituted. Since SAS, the PTAB immediately released its Guidance on the impact of SAS on AIA trial proceedings.

Join Foley attorneys Bill RobinsonGeorge QuillinAndrew Cheslock, and Michelle Moran, as they discuss these major developments and how they may impact practice going forward, both before the PTAB, as well as the courts handling PTAB appeals and dealing with Final Decisions.

Other discussion topics to include:

  • Implications of IPR Strategies Following SAS
  • Recent Institution Rates and Decisions
  • Effects on Cases at the Federal Circuit
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