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Precedential: Time-Barred Copycat Petitions Only In Exceptional Circumstances

Precedential: Time-Barred Copycat Petitions Only In Exceptional Circumstances

by Matthew Johnson | Feb 16, 2026 | Joinder, PTAB Trial Basics, Trial Institution

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...
Claim Construction Stipulation Avoids Discretionary Denial

Claim Construction Stipulation Avoids Discretionary Denial

by Matthew Johnson | Feb 4, 2026 | Claim Construction, PTAB News, PTAB Trial Basics, Trial Institution

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....
PTAB Statistics Through Two Months of FY 2026

PTAB Statistics Through Two Months of FY 2026

by Matthew Johnson | Jan 15, 2026 | PTAB News, PTAB Trial Basics, Trial Institution

By Matt Johnson – The institution rate for post-grant petitions in FY 2026 through the end of November (the period from Oct. 1, 2025 through November 30, 2025) stands at 37% (118 instituted, 197 denied).  As expected, this rate is substantially lower than the...
PTAB Voluntary Search Disclosure Declarations: A New Factor Supporting Institution

PTAB Voluntary Search Disclosure Declarations: A New Factor Supporting Institution

by Matthew Johnson | Dec 23, 2025 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution

By Ruth Brindel,* Daniel Sloan, and Matt Johnson On November 17, 2025, USPTO Director John Squires issued a memorandum introducing a new procedure allowing petitioners to submit a voluntary Search Disclosure Declaration (SDD) that explains the petitioner’s search...
Prosecution Error Evidence & Timing Considerations Sends IPR Forward

Prosecution Error Evidence & Timing Considerations Sends IPR Forward

by Matthew Johnson | Dec 18, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Ruth Brindel* and Matt Johnson The USPTO’s Acting Deputy Director, Coke Morgan Stewart, issued a decision on October 3, 2025, declining to exercise discretion to deny institution in Carbyne, Inc. v. Tritech Software Systems, IPR2025-00959, Paper 11 (Oct. 3 2025)....
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.