The U.S. Court of Appeals for the Federal Circuit is going to continue deciding appeals from the Patent Trial and Appeal Board, even if the PTAB may not have been in compliance with a recent Supreme Court decision.

The high court ruled in April in SAS Institute v. Iancu that the PTAB must institute trial proceedings on all of the patent claims challenged in an inter partes review (IPR) petition, or none at all. The PTAB had been charting a middle path in nearly half of its IPRs, instituting proceedings on only some challenged claims or on a subset of the asserted grounds of invalidity.

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