by Matthew Johnson | Jan 15, 2026 | PTAB News, PTAB Trial Basics, Trial Institution
By Matt Johnson – The institution rate for post-grant petitions in FY 2026 through the end of November (the period from Oct. 1, 2025 through November 30, 2025) stands at 37% (118 instituted, 197 denied). As expected, this rate is substantially lower than the...
by David Maiorana | Jan 8, 2026 | Estoppel, PTAB News, PTAB Trial Basics
By Erin Bies, David Linden, and Dave Maiorana – On appeal from an ex parte reexamination (“EPR”) decision, the Federal Circuit held that a final written decision of an inter partes review (“IPR”) does not preclude the Patent Office from maintaining an ongoing...
by Matthew Johnson | Dec 23, 2025 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Ruth Brindel,* Daniel Sloan, and Matt Johnson On November 17, 2025, USPTO Director John Squires issued a memorandum introducing a new procedure allowing petitioners to submit a voluntary Search Disclosure Declaration (SDD) that explains the petitioner’s search...
by Matthew Johnson | Dec 18, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Ruth Brindel* and Matt Johnson The USPTO’s Acting Deputy Director, Coke Morgan Stewart, issued a decision on October 3, 2025, declining to exercise discretion to deny institution in Carbyne, Inc. v. Tritech Software Systems, IPR2025-00959, Paper 11 (Oct. 3 2025)....
by John Marlott | Dec 10, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By John Marlott – USPTO Director Squires recently published an open letter announcing that he was “Bringing the USPTO Back to the Future” by assuming responsibility for all IPR and PGR institution decisions. Why the reference to the 1980s movie recently...
by Carl Kukkonen | Nov 26, 2025 | PTAB News, PTAB Trial Basics, Real Party in Interest
By Carl Kukkonen and Matt Johnson – The Patent Trial and Appeal Board (PTAB) has designated as precedential a decision that squarely reaffirms the statutory requirement to identify all real parties in interest (RPI) in AIA petitions. By elevating Corning Optical...
