The U.S. Supreme Court’s decision to end the Patent Trial and Appeal Board’s ability to pick what claims it scrutinizes in America Invents Act reviews has forced courts and the board to re-examine common practices in order to comply, and over the past six weeks, experts have noticed a new landscape taking shape.
“Both the appeals court and the board are struggling to figure out how to address new cases as they come in and dealing with the SAS transition issues in existing cases,” Kia Freeman of McCarter & English LLP said.