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US Federal Circuit Court of Appeals Holds Appointment of Administrative Patent Judges Unconstitutional

The Court’s decision potentially subjects PTAB final written decisions on appeal to vacatur and remand. Key Points: ..Patent Act’s restrictions on removal no longer apply to Patent Trial and Appeal Board’s (PTAB)...more

SAS Institute Follow-Up: New PTAB Procedures and Strategies

The PTAB’s new guidance in light of a recent Supreme Court ruling changes the dynamics for patent owners and petitioners. Key Points: ..Partial institutions are no longer permitted. The PTAB will review all petitioned...more

Supreme Court Rulings Increase the PTAB’s Importance

Oil States preserved the PTAB, and SAS Institute makes it a more important venue for patentability challenges. Key Points: ..IPR and other post-grant proceedings before the PTAB will continue. ..However, the PTAB may...more

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