Director Sets Forth Institution Factors for Small Businesses and American Manufacturers
By David Linden and Dave Maiorana - Recently, the Director issued a memorandum identifying inter partes review (“IPR”) and post grant review (“PGR”) institution factors designed to promote American innovation and manufacturing. Director Squires noted that Sections...
Director Denies IPR Over Foreign Government RPI Ties
By Hannah Mehrle and Matt Johnson - The Director issued a precedential discretionary denial on the ground that a foreign government entity was an undisclosed real party in interest(“RPI”). The ruling extended Return Mail, Inc. v. United States Postal Service, 587 U.S....
PGR Petitions Are “Favored”
By Elizabeth Schrieber and Matt Johnson - In Multi-Color Corp. v. Brook & Whittle Ltd., PGR2025-00025, the PTAB declined to discretionarily deny institution of Multi-Color’s post-grant review petition. The decision, designated as precedential in January 2026,...
Two’s Company, Three’s a (Discretionary) Crowd
By Carl Kukkonen - On January 9, 2026, the USPTO designated a Director decision in IPR2025-00258 as precedential, offering guidance on when the Patent Trial and Appeal Board (PTAB) will exercise its discretion to deny institution of inter partes review (IPR)...
Licensing Considerations in Informative Discretionary Denial Decisions
By Sarah Geers - On January 9, the USPTO designated as informational two recent Director decisions involving licensing activities, highlighting the evolving nature of “settled expectations” in discretionary denial determinations. The decisions—Apple Inc. v. Allani...