Director Takes On All Institution Duties
By Matt Johnson - On October 17, Director Squires announced that he will assume responsibility for all post‑grant trial institution decisions. When the Director determines that a petition warrants institution, the matter will be assigned to a three‑judge APJ panel to...
PTAB Issues Notice of Discretionary Denial Rulemaking
By Matt Johnson - On October 17th, the PTAB issued a Notice of Proposed Rulemaking regarding criteria for the Office to apply when making discretionary denial determinations. The proposed rule would: Require an IPR petitioner to file a stipulation not to pursue any...
Discretionary Denial Statistics
By Adam Cook, Daniel Sloan, and Matt Johnson - Since the inception of the bifurcated review process at the PTAB, Jones Day has been analyzing every discretionary decision released by the Office. Deputy Director Coke Morgan Stewart continues to be the key...
USPTO Memorandum Clarifies PTAB’s Treatment of Prior Proceedings
By Pranita Dhungana and Matt Johnson - The United States Patent and Trademark Office (USPTO) recently issued a memorandum addressing how the Patent Trial and Appeal Board (PTAB) should handle prior findings of fact and conclusions of law when adjudicating patent...
Show Me the Evidence: Primary References Still Required after LKQ
By Ernie Oleksy and John Evans - Federal Circuit decisions applying the new standards for design-patent obviousness continue to inform how patent challengers should frame their plans of attack, both in the PTAB and in the courts. In Dynamite Marketing, Inc. v. The...