The Supreme Court recently issued orders (Oct. 3 and Oct. 11) denying several petitions for certiorari challenging aspects of AIA trials. As we previously reported, two of those petitions challenged the constitutionality of AIA trials and the Patent Office’s authority to cancel patent rights between private parties. Cooper v. Lee, __ S.Ct. __, 2016 WL 361681 (Oct. 11, 2016); MCM Portfolio v. Hewlett-Packard Co., et al., __ S.Ct. __, 2016 WL 1724103 (Oct. 11, 2016). On the same day, the Court denied Merck’s petition challenging the Federal Circuit’s deferential standard of review of the PTAB’s AIA trial decisions. Merck & Cie, et al. v. Gnosis S.P.A. et al.,__S.Ct. __, 2016 WL 4014485 (Oct. 11, 2016). We covered the Federal Circuit decision at issue here. Justice Alito recused himself from this decision. Last week, the court denied a petition seeking to limit the scope of technology that may be considered by the PTAB to fall within its CBM review jurisdiction. Trading Techs. Int’l Inc. v. Lee, __ S.Ct. __, 2016 WL 3349546 (October 3, 2016) .

Although some practitioners remain hopeful that the Court will rein in the PTAB, so far, the Supreme Court has refused the invitation to do so.