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Director Denies Institution for Inconsistent Claim Constructions

Director Denies Institution for Inconsistent Claim Constructions

by Matthew Johnson | Oct 9, 2026 | Claim Construction, District Court, PTAB News, Trial Institution

By Ash Hashmi,* Cameron Hart, Ashvi Patel, and Matt Johnson – The USPTO designated as informative three recent Director decisions denying institution of IPR in response to inconsistent claim construction by petitioners in parallel litigation before the PTAB and...
INFORMATIVE: Conflicting Claim Construction Positions Result in Denial

INFORMATIVE: Conflicting Claim Construction Positions Result in Denial

by Matthew Johnson | Mar 26, 2026 | Claim Construction, PTAB News, PTAB Trial Basics, Trial Institution

By Laura Vining and Matt Johnson – USPTO Director John Squires issued a decision on November 5, 2025, vacating a prior institution decision and denying institution in Tesla, Inc. v. Intellectual Ventures II LLC, IPR2025-00340, Paper 18.  Director Squires denied...
Director Review Emphasizes Single-Construction

Director Review Emphasizes Single-Construction

by Matthew Johnson | Mar 1, 2026 | Claim Construction, Trial Institution

By Hannah Mehrle and Matt Johnson – In two related cases involving Generac Power Systems, Inc. as Petitioner and Champion Power Equipment, Inc. as Patent Owner, Director Squires initiated sua sponte Director Review of the Board’s Decisions to grant institution...
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....
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...
Divergent Claim Construction Results in Discretionary Denial

Divergent Claim Construction Results in Discretionary Denial

by Matthew Johnson | Oct 29, 2025 | Claim Construction, PTAB News, PTAB Trial Basics, Trial Institution

By Evan Tassis and Matt Johnson – In a recent decision, Acting Director Coke Morgan Stewart granted Patent Owner’s request for discretionary denial in Sun Pharmaceuticals Industries Inc. v. Nivagen Pharmaceuticals, Inc., IPR2025-00893.  While some factors...
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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.