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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,...
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...
Settled Expectations Insufficient To Prevent IPR Review

Settled Expectations Insufficient To Prevent IPR Review

by Mike Lavine | Oct 21, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Mike Lavine – On September 4, 2025, the USPTO’s Acting Director declined H2 Intellect LLC’s request for discretionary denial of an IPR petition filed by Home Depot U.S.A., Inc. Central to the decision was the PTAB’s analysis of “settled expectations”—the idea...
Director Takes On All Institution Duties

Director Takes On All Institution Duties

by Matthew Johnson | Oct 17, 2025 | District Court, PTAB News, PTAB Trial Basics, Trial Institution

By Matt Johnson – On October 17, Director Squires announced that he will assume responsibility for all post‑grant trial institution decisions. When the Director determines that a petition warrants institution, the matter will be assigned to a three‑judge APJ...
PTAB Issues Notice of Discretionary Denial Rulemaking

PTAB Issues Notice of Discretionary Denial Rulemaking

by Matthew Johnson | Oct 17, 2025 | District Court, Petitions, PTAB News, PTAB Trial Basics, Time Limits, Trial Institution

By Matt Johnson – On October 17th, the PTAB issued a Notice of Proposed Rulemaking regarding criteria for the Office to apply when making discretionary denial determinations. The proposed rule would: Require an IPR petitioner to file a stipulation not to pursue...
Discretionary Denial Statistics

Discretionary Denial Statistics

by Matthew Johnson | Oct 15, 2025 | 325(d) issues, PTAB News, PTAB Trial Basics, Trial Institution

By Adam Cook, Daniel Sloan, and Matt Johnson – Since the inception of the bifurcated review process at the PTAB, Jones Day has been analyzing every discretionary decision released by the Office.  Deputy Director Coke Morgan Stewart continues to be the key...
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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.