INFORMATIVE: No Discretionary Denial Where Prior IPR Suggests Material Error By Office
By David Linden and Dave Maiorana - The Acting Director ssued a decision declining to exercise discretionary denial in three related inter partes reviews (“IPRs”) filed by Padagis US LLC (“Padagis”): IPR2025-00464, IPR2025-00465, and IPR2025-00466 (collectively, “the...
Chief Judge Signals Changes May Be Coming for the Ordinary Observer Test
By Adam Cook and John Evans - On February 2, 2026, a split Federal Circuit panel affirmed summary judgment of no design-patent infringement issued by a Maine federal court. Range of Motion Prods., LLC v. Armaid Co. Inc., No. 2023-2427, 2026 WL 261890 (Fed. Cir. Feb....
Director Review Emphasizes Single-Construction
By Hannah Mehrle and Matt Johnson - In two related cases involving Generac Power Systems, Inc. as Petitioner and Champion Power Equipment, Inc. as Patent Owner, Director Squires initiated sua sponte Director Review of the Board’s Decisions to grant institution of...
Precedential: Time-Barred Copycat Petitions Only In Exceptional Circumstances
By Sue Gerber and Matt Johnson - The PTAB’s recently designated precedential decision in Realtek Semiconductor Corp., v. ParkerVision, Inc., Nos. IPR2025-00324 and IPR2025-00325, Paper No. 11 (June 25, 2025), makes clear that an otherwise time-barred petition will be...
Claim Construction Stipulation Avoids Discretionary Denial
By Ian Adams, Matt Modderman, Matt Johnson - USPTO Director John Squires issued a decision on October 3, 2025, denying a request to discretionarily deny institution in Caption Health, Inc. v. The University of British Columbia, IPR2025-01422, Paper 15 at 3 (Dec. 18,...