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 claims and grounds, or deny institution completely.

..Currently pending reviews that received partial institution decisions — estimated to be at least 20% of all instituted reviews — are receiving supplemental institution decisions to add the previously denied claims and grounds back into the proceedings.

..PTAB strategies will evolve rapidly as the parties and the PTAB adapt to the new procedures.

..Parties will place stronger emphasis on a coordinated strategy taking into account the PTAB, the district court, and the eventual appeals to the Federal Circuit.