by Matthew Johnson | Nov 4, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Adam J. Cook, Daniel C. Sloan, and Matt Johnson – The October 17 Memo from Director Squires marked the end of a distinct discretionary denial era, the Interim Era. Per the memo, as of October 20, all institution decisions (discretionary, non-discretionary,...
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 | 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,...
