In this edition of The PTAB Review, we examine that in the nearly three months since the Supreme Court issued its decision in SAS Institute v. Iancu—holding that when the Patent Trial and Appeal Board (PTAB) institutes an America Invents Act (AIA) trial, it must decide the patentability of all claims challenged in the petition---the PTAB’s institution rate has seen a slight decrease from historical averages, although a temporary decrease of this magnitude is not atypical. We also examine how the Federal Circuit’s battle over real party-in-interest and privity standards in IPRs is likely to spur new challenges to IPR institution. In addition, we take a look at the future of sovereign immunization in patent board reviews.

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