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Director Sets Forth Institution Factors for Small Businesses and American Manufacturers

Director Sets Forth Institution Factors for Small Businesses and American Manufacturers

by David Maiorana | Jun 29, 2026 | PTAB News, PTAB Trial Basics, Trial Institution

By David Linden and Dave Maiorana – Recently, the Director issued a memorandum identifying inter partes review (“IPR”) and post grant review (“PGR”) institution factors designed to promote American innovation and manufacturing.  Director Squires noted that...
Director Denies IPR Over Foreign Government RPI Ties

Director Denies IPR Over Foreign Government RPI Ties

by Matthew Johnson | Jun 12, 2026 | PTAB News, PTAB Trial Basics, Real Party in Interest, Trial Institution

By Hannah Mehrle and Matt Johnson – The Director issued a precedential discretionary denial on the ground that a foreign government entity was an undisclosed real party in interest(“RPI”). The ruling extended Return Mail, Inc. v. United States Postal Service,...
PGR Petitions Are “Favored”

PGR Petitions Are “Favored”

by Matthew Johnson | May 26, 2026 | PGR, PTAB News, PTAB Trial Basics

By Elizabeth Schrieber and Matt Johnson – In Multi-Color Corp. v. Brook & Whittle Ltd., PGR2025-00025, the PTAB declined to discretionarily deny institution of Multi-Color’s post-grant review petition.  The decision, designated as precedential in January...
Two’s Company, Three’s a (Discretionary) Crowd

Two’s Company, Three’s a (Discretionary) Crowd

by Carl Kukkonen | May 13, 2026 | Joinder, PTAB News, PTAB Trial Basics

By Carl Kukkonen – On January 9, 2026, the USPTO designated a Director decision in IPR2025-00258 as precedential, offering guidance on when the Patent Trial and Appeal Board (PTAB) will exercise its discretion to deny institution of inter partes review (IPR)...
Licensing Considerations in Informative Discretionary Denial Decisions

Licensing Considerations in Informative Discretionary Denial Decisions

by Sarah Geers | May 4, 2026 | PTAB News, PTAB Trial Basics, Trial Institution

By Sarah Geers – On January 9, the USPTO designated as informational two recent Director decisions involving licensing activities, highlighting the evolving nature of “settled expectations” in discretionary denial determinations.  The decisions—Apple Inc. v....
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...
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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.