On April 26, 2018, the U.S. Patent & Trademark Office (PTO) issued a memo providing guidance on the implications of the Supreme Court’s decision in SAS Institute Inc. v. Iancu, 2018 WL 1914661 (U.S. April 24, 2018). The memo addresses how the PTAB will make institution decisions in future petitions and pending petitions for which an institution decision has not yet been made and also sets forth a process for addressing petitions for which a trial has been instituted on less than all of the challenged claims and/or bases for challenge.
The PTO also announced that the “Chat with the Chief” webinar, scheduled for Monday, April 30, 2018 at noon, will address the Supreme Court’s decisions in SAS and Oil States.
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