Skechers IPR Still Kicking After Director Review
By Adam Cook and Matt Johnson - In a Director Review, the Acting Director reversed a panel decision to discretionarily deny an IPR under § 325(d). The Acting Director held that the PTAB’s own findings in two previous IPRs sufficiently proved Examiner error during...
Navigating the New Discretionary Denial Bifurcated Framework
By Pranita Dhungana and Matt Johnson - The USPTO recently published a new webpage on the Interim Director Discretionary Process, which provides information regarding the bifurcated process for consideration of discretionary denial issues announced in the March 26,...
All Grounds Must Be Addressed in Final Written Decision
By: Daniel C. Sloan and Matt Johnson - On July 29, 2025, Chief Administrative Patent Judge Scott R. Boalick circulated a memorandum to Members of the PTAB entitled “Final Written Decision Procedures for AIA Trial Proceedings.” Absent extraordinary circumstances, all...
Acting Director Reverses Previous Discretionary Denial
By Adam Cook and Sarah Geers - For the first time under the bifurcated institution procedures, the Acting Director reversed her own prior discretionary denial, citing changed circumstances based on a settlement in the parallel district court litigation. See Arm Ltd....
Institution Denied Based on Parallel Proceeding and Prior Denial
By David Linden and Dave Maiorana - On December 6, 2024, Comcast Cable Communications, LLC (“Comcast”) filed three separate petitions for inter partes review (“IPR”) of U.S. Patent No. 9,866,438 (“the ’438 Patent”), which is assigned to Entropic Communications, LLC...