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PTAB institution rate fell in two months after SAS ruling

Michael Loney, New York


The Patent Trial and Appeal Board’s institution rate was 58.4% in the first two calendar months after the Supreme Court ended the practice of partial institution – down from the 2018 fiscal year rate of 62% up to the end of April

The initial effect of the Supreme Court’s SAS Institute v Iancu decision has been to push down the institution rate of petitions at the Patent Trial and Appeal Board (PTAB).

The US Supreme Court in SAS on April 24...


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