The Supreme Court’s SAS Decision: Has All-or-Nothing Institution Created a Wave of Change?

When the U.S. Supreme Court decided SAS Institute Inc. v. Iancu in the spring of 2018, it held that the Patent Trial and Appeal Board must institute inter partes review on either all claims raised in a petition or none of them. The ruling triggered anticipation of a major shift in the Board's approach to institution of inter partes review.

Did the expected wave of change occur?

To find out, we conducted original research into the impact of SAS. In the following analysis, we separate the hype from reality and consider the implications for inter partes review practice. Read the full publication.