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USPTO releases guidance on SAS impact on PTAB proceedings

Michael Loney, New York

Guidance includes stipulating that for pending trials in which a panel has instituted only on some challenges in the petition, the panel may issue an order supplementing the institution decision to institute on all challenges raised in the petition

The USPTO has issued guidance on how the Patent Trial and Appeal Board (PTAB) will proceed in response to the Supreme Court’s April 24 SAS Institute v Iancu ruling. The USPTO said the PTAB will continue to assess the impact of this decision...

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