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Skechers IPR Still Kicking After Director Review

Skechers IPR Still Kicking After Director Review

by Matthew Johnson | Sep 11, 2025 | PTAB News, Trial Institution

By Adam Cook and Matt Johnson – In a Director Review, the Acting Director reversed a panel decision to discretionarily deny an IPR under § 325(d).  The Acting Director held that the PTAB’s own findings in two previous IPRs sufficiently proved Examiner error...
Navigating the New Discretionary Denial Bifurcated Framework

Navigating the New Discretionary Denial Bifurcated Framework

by Matthew Johnson | Sep 10, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Pranita Dhungana and Matt Johnson – The USPTO recently published a new webpage on the Interim Director Discretionary Process, which provides information regarding the bifurcated process for consideration of discretionary denial issues announced in the March...
All Grounds Must Be Addressed in Final Written Decision

All Grounds Must Be Addressed in Final Written Decision

by Matthew Johnson | Sep 5, 2025 | Federal Circuit Appeal, Final Written Decisions, PTAB News

By: Daniel C. Sloan and Matt Johnson – On July 29, 2025, Chief Administrative Patent Judge Scott R. Boalick circulated a memorandum to Members of the PTAB entitled “Final Written Decision Procedures for AIA Trial Proceedings.”  Absent extraordinary...
Cancellation of Claims Deemed An Inappropriate Sanction

Cancellation of Claims Deemed An Inappropriate Sanction

by Matthew Johnson | Aug 14, 2025 | PTAB News, PTAB Trial Basics, Request for Reconsideration, Trial Institution

By Jessie Hess,* Pranita Dhungana, and Matthew Johnson – USPTO Acting Director Stewart sua sponte reconsidered and modified a previous Director Review decision that had affirmed cancellation of all 183 challenged claims as a sanction against patent owner...
Subsequent Challenge Does Not Justify Discretionary Denial

Subsequent Challenge Does Not Justify Discretionary Denial

by Matthew Johnson | Aug 8, 2025 | PGR, PTAB News, PTAB Trial Basics, Trial Institution

By Evan Tassis and Matt Johnson – In a recent decision, Acting Director Coke Morgan Stewart denied a Patent Owner’s request for discretionary denial in LifeVac, LLC v. DCSTAR, Inc., IPR2025-00454.  Even though Petitioner had previously challenged the same patent...
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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.