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Witcoff attorney Craig W.
Kronenthal in a May 9 article examining the recent string of decisions that
the Patent Trial and Appeal Board (PTAB) has designated as precedential.

The article recaps more than a handful of decisions that the
PTAB has designated as precedential since April, as well as two designated as informative.
The decisions designated as informative, the article notes, came in different
cases in which “the PTAB declined to institute review because it found the
petitioners were likely to succeed in invalidating just a fraction of the claims
that had been challenged.”

“What we’re seeing here is the pendulum swing back from the
SAS decision,” Craig told Law360,
referring to the U.S. Supreme Court’s holding in SAS Institute v. Iancu that the PTAB must address all challenged
claims if the board institutes review.   

The article, “The
PTAB’s Run Of Precedent Continues: A Look Back,” is available online to
subscribers.