The Devil Is in the Detail


Nicole Jantziexplains that the recent US Supreme Court decision in SAS Institute Inc. v. Iancu will “lower the threshold for petitioners to obtain institution of IPR proceedings on a claim-by-claim basis, as petitioners will only need to show likelihood of success with respect to a single challenged claim in order to secure institution with respect to all challenged claims in a petition”. This will, in turn, provide petitioners with an improved chance of convincing the board that all challenged claims are unpatentable by the time they reach final written decision, she adds.