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...
Federal Circuit Clarifies Prior Art Effective Date Relative To Provisional
By Charles Kim and Anuja Mehta - The Federal Circuit recently issued a precedential decision in Dental Monitoring SAS v. Align Technology, Inc., vacating and remanding a PTAB final written decision that held Dental Monitoring’s claims unpatentable as obvious. Key...
Director’s View on Discretionary Denials: No “Second Bite at the Apple”
By Bill Devitt, Ashvi Patel, and Maddy Hemphill* - In Magnolia Medical Technologies, Inc. v. Kurin, Inc., IPR2026-00097 (“Decision”), Director Squires issued a precedential decision denying institution of inter partes review (“IPR”)—and in doing so, also provided...
Design Patents at the PTAB: Over a Decade of Data Reveals the Real Odds
By John Evans and Tyler Fertel* - It’s been a decade since we first reported early statistics on design patent IPR/PGR outcomes. Time for an update—and the numbers tell an interesting story. Design patents remain notoriously hard to challenge, with a historical...
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...