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 | Sep 16, 2025 | PTAB News, PTAB Trial Basics, Real Party in Interest, Trial Institution
By Sue Gerber and Matt Johnson – Under Section 315(b), an IPR may be dismissed as time barred “if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is...
by Matthew Johnson | Sep 11, 2025 | PTAB News, Trial Institution
By Adam Cook and Matt Johnson – In a Director Review, the Acting Director reversed a panel decision to discretionarily deny an IPR under § 325(d). The Acting Director held that the PTAB’s own findings in two previous IPRs sufficiently proved Examiner error...
by Matthew Johnson | Sep 10, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Pranita Dhungana and Matt Johnson – The USPTO recently published a new webpage on the Interim Director Discretionary Process, which provides information regarding the bifurcated process for consideration of discretionary denial issues announced in the March...
by Sarah Geers | Aug 29, 2025 | PTAB News, PTAB Trial Basics, Request for Reconsideration, Trial Institution
By Adam Cook and Sarah Geers – For the first time under the bifurcated institution procedures, the Acting Director reversed her own prior discretionary denial, citing changed circumstances based on a settlement in the parallel district court litigation. See Arm...
