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,...
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...
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...
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...
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...
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...
