USPTO Returns Merits-Based Institution Decisions to the PTAB
Effective November 16, 2026, the USPTO returns merits-based institution decisions for IPRs and PGRs to the PTAB under new guidelines, while the Director retains non-merits review.
Range of Motion v. Armaid: The Federal Circuit’s Plainly Dissimilar Takes on the Ordinary Observer
A divided Federal Circuit denied en banc review in Range of Motion v. Armaid, leaving a sharp split over who decides design-patent infringement and how the ordinary observer test should work.
Director Denies Institution for Inconsistent Claim Constructions
The Director designated three decisions as informative, vacating or denying IPR institution where petitioners advanced plain-meaning constructions at the PTAB and indefiniteness in district court.
Director Terminates IPRs for Sotera Violations and the District Court Strikes Invalidity Contentions
By Robby Breetz, Ali Morgan,* and Matt Johnson - On May 12, 2026, the Director of the United States Patent and Trademark Office (“USPTO”), John Squires, granted a patent owner’s motion to terminate three related inter partes reviews (“IPRs”) based on the petitioner’s...
Failure To Cite Own Prior Art Tanks Patent Owner’s Discretionary Denial Request
By Mike Lavine - In Microsoft Corporation v. Sandpiper CDN, LLC, IPR2026-00180 (Paper 15, May 6, 2026), Director Squires denied Sandpiper CDN’s request for discretionary denial of Microsoft’s IPR petition, finding that (1) not all of Microsoft’s challenges relied on...