Oil States preserved the PTAB, and SAS Institute makes it a more important venue for patentability challenges.

Key Points:

..IPR and other post-grant proceedings before the PTAB will continue.

..However, the PTAB may no longer decide the patentability of only some of the challenged claims; it must either review all or none of them.

..This all-or-none requirement will likely affect how the PTAB allocates resources by shifting emphasis from the Institution Decision to the Final Written Decision, while requiring petitioners to put more thought into their petitions.