Skilled in the Art: Here's PTAB's Oil States Guidance

The National Law Journal spoke with partner Erika Arner to discuss the impact of the Supreme Court's decision in SAS Institute v. Iancu. As a result of the decision, the Patent Trial and Appeal Board (PTAB) issued guidance on how it will handle inter partes review (IPR) proceedings that began under rules that are now no longer applicable. Erika noted that she and her Finnegan colleagues have already started receiving directives in pending IPR reviews. Her perspective is that the PTAB will institute proceedings on all claims and all grounds, but there may be some wiggle room in final written decisions.