In this edition, we examine the evolving practice of strategically disclaiming certain patent claims to avoid covered business method review. We also analyze recent decisions indicating that parties may have greater success challenging patent claims as indefinite at the PTAB than in court. In addition, we examine whether sovereign immunity properly serves to insulate U.S. state entities from proceedings at the PTAB. Finally, we alert readers to a pending case before the U.S. Supreme Court with the potential to impact the PTAB’s practice of instituting review of only a subset of challenged claims.

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