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PTAB Pendulum Swings in Favor of Discretionary Denial

PTAB Pendulum Swings in Favor of Discretionary Denial

by Matthew Johnson | Apr 3, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Joshua Nightingale and Daniel Sloan – Recent developments at the USPTO suggest a significant shift in favor of the PTAB exercising discretionary denial and uncertainty on behalf of parties to PTAB proceedings.  On March 24, 2025, following the February 28,...
PTAB Announces Bifurcated Process for Consideration of Discretionary Denial Issues

PTAB Announces Bifurcated Process for Consideration of Discretionary Denial Issues

by Matthew Johnson | Mar 28, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Jennifer Chheda, Yi Dulkeith, and Tova Werblowsky – A new interim process for the Director to exercise discretion as to whether to institute an inter partes review(IPR) or a post grant review (PGR) was announced on March 26, 2025, in which discretionary...
PTAB Issues Updated Fintiv Guidance

PTAB Issues Updated Fintiv Guidance

by Matthew Johnson | Mar 25, 2025 | PTAB News, Trial Institution

By Matt Johnson – After rescinding the June 2022 guidance regarding Fintiv, the PTAB issued updates to how they will consider discretionary denial issues under Section 314(a) on Monday.  The updated guidance states: On February 28, 2025, the USPTO rescinded the...
Petitioner’s Proof of Printed Publication Falls Short

Petitioner’s Proof of Printed Publication Falls Short

by Matthew Johnson | Mar 12, 2025 | Evidentiary Issues, Prior Art Issues, Trial Institution

By Mike Lavine – On February 6, 2025, the PTAB denied IPR institution because the Petitioner failed to establish that its key prior art reference qualified as a printed publication under Section 102(b). The PTAB’s decision hinged on whether the “Dammann”...
PTAB Rescinds Discretionary Denial Memorandum

PTAB Rescinds Discretionary Denial Memorandum

by Matthew Johnson | Mar 3, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Ashvi Patel and Matt Johnson – On Friday, the USPTO rescinded its June 21, 2022, guidance memorandum entitled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation.”  That memorandum discussed...
PTAB Denies Motion for Joinder After Unsuccessful District Court Invalidity Challenge

PTAB Denies Motion for Joinder After Unsuccessful District Court Invalidity Challenge

by David Maiorana | Jan 31, 2025 | Joinder, PTAB News, Time Limits, Trial Institution

By David Linden and Dave Maiorana – On June 6, 2024, Shenzhen Waydoo Intelligence Technology Co., Ltd. (“Waydoo”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 9,359,044 (“the ’044 Patent”) (“IPR998”), assigned to MHL Custom, Inc. (“MHL”). ...
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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.