The aff is key---supreme court actions are gathering momentum curb PTAB’s influence.
Ge You 22. Executive Editor, Southern California Law Review, Volume 95; J.D. Candidate 2022, University of Southern California Gould School of Law. “A CLOSER LOOK AT THE PTAB OPERATION.” Hein Online. 2022. https://heinonline.org/HOL/LandingPage?handle=hein.journals/scal95&div=23&id=&page= //
Within the same year, the Court took a different direction in SAS Institute Inc. v. Iancu.66 In the opinion penned by Justice Gorsuch, who objected to Oil States in the same term, the Court denied the PTAB the discretion for partial institution or partial decision. 67 The Court reasoned that the PTAB "cannot curate the claims at issue but must decide them all," effectively banning the agency's long-time practice of reviewing only a subset of claims. 68 The holding of SAS Institute forces the PTAB to address the patentability of all claims challenged by the petitioner in its final written decisions. 69 As a result, decisions on IPRs become more final, which in turn incentivizes district courts to grant stays when there is a concurrent IPR proceeding under review. This could be a step in the right direction to protect patent owners because pre-SAS Institute guidance, petitioners feared little in being over-inclusive in their arguments. 7 0 Before SAS Institute, there was no harm in putting forward failed arguments.71