Overview
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.