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Collateral Estoppel May Not Apply When Claim Interpretation Standards Differ

Collateral Estoppel May Not Apply When Claim Interpretation Standards Differ

by Matthew Johnson | Nov 19, 2025 | Claim Construction

By Thane Bonnett* and Matt Johnson – In its recent decision in RØDE Microphones, LLC et. al. vs. Zaxcom, Inc., the PTAB declined to apply collateral estoppel based on prior post-grant proceedings because the prior proceedings had applied a different standard of...
Proposed Rulemaking Aims to Change Access to IPR Proceedings

Proposed Rulemaking Aims to Change Access to IPR Proceedings

by Matthew Johnson | Nov 17, 2025 | District Court, Federal Circuit Appeal, PTAB News, PTAB Trial Basics, Trial Institution

By Thane Bonnett,* Daniel Sloan, and Matt Johnson – On October 17, 2025, the USPTO issued a notice of proposed rulemaking (“Notice”) regarding the rules of practice for inter partes review before the PTAB.  The proposed rules do not apply to post grant review...
Discretionary Decision Statistics Update

Discretionary Decision Statistics Update

by Matthew Johnson | Nov 4, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Adam J. Cook, Daniel C. Sloan, and Matt Johnson – The October 17 Memo from Director Squires marked the end of a distinct discretionary denial era, the Interim Era.  Per the memo, as of October 20, all institution decisions (discretionary, non-discretionary,...
PTAB Issues First Summary Institution (Denial) Decisions

PTAB Issues First Summary Institution (Denial) Decisions

by Matthew Johnson | Nov 3, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Matt Johnson – On October 31st, the Director issued his first set of summary decisions on IPR institutions, denying institution of 13 cases without comment in a single...
PTAB Presentation Regarding Director Institution – Slides and Rough Transcript

PTAB Presentation Regarding Director Institution – Slides and Rough Transcript

by Matthew Johnson | Oct 30, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Adam Cook, Christian Roberts, and Matt Johnson – On October 29th, Acting Chief Judge Deshpande and Vice Chief Judge Kim discussed Director institution of AIA trials, where the Director will make all institution decisions (on both discretionary,...
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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.