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...
by Matthew Johnson | Oct 9, 2025 | Claim Construction, District Court, PTAB News, PTAB Trial Basics
By Pranita Dhungana and Matt Johnson – The United States Patent and Trademark Office (USPTO) recently issued a memorandum addressing how the Patent Trial and Appeal Board (PTAB) should handle prior findings of fact and conclusions of law when adjudicating patent...
by Matthew Johnson | Sep 24, 2025 | PTAB News, PTAB Trial Basics
By Kate Meng and Sarah Geers – More than a decade after the enactment of the America Invents Act (AIA), the Federal Circuit has issued its first opinion addressing an AIA derivation proceeding. In Global Health Solutions LLC v. Selner, the court clarified that...
