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By Laura Vining and Matt Johnson –
USPTO Director John Squires issued a decision on November 5, 2025, vacating a prior institution decision and denying institution in Tesla, Inc. v. Intellectual Ventures
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INFORMATIVE: No Discretionary Denial Where Prior IPR Suggests Material Error By Office
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By David Linden and Dave Maiorana –
The Acting Director ssued a decision declining to exercise discretionary denial in three related inter partes reviews (“IPRs”) filed by Padagis US LLC (“Padagis”): IPR2025-00464,
Chief Judge Signals Changes May Be Coming for the Ordinary Observer Test
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By Adam Cook and John Evans –
On February 2, 2026, a split Federal Circuit panel affirmed summary judgment of no design-patent infringement issued by a Maine federal court. Range of
Director Review Emphasizes Single-Construction
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By Hannah Mehrle and Matt Johnson –
In two related cases involving Generac Power Systems, Inc. as Petitioner and Champion Power Equipment, Inc. as Patent Owner, Director Squires initiated sua sponte Director
Precedential: Time-Barred Copycat Petitions Only In Exceptional Circumstances
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By Sue Gerber and Matt Johnson –
The PTAB’s recently designated precedential decision in Realtek Semiconductor Corp., v. ParkerVision, Inc., Nos. IPR2025-00324 and IPR2025-00325, Paper No. 11 (June 25, 2025), makes clear
Claim Construction Stipulation Avoids Discretionary Denial
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By Ian Adams, Matt Modderman, Matt Johnson –
USPTO Director John Squires issued a decision on October 3, 2025, denying a request to discretionarily deny institution in Caption Health, Inc.
USPTO Designates New Precedents on PTAB Discretionary Denial
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By Carl Kukkonen and Matt Johnson –
On January 9, 2026, USPTO Director John A. Squires designated four recent discretionary-denial rulings as precedential and nine more as informative, formalizing a developing framework
PTAB Statistics Through Two Months of FY 2026
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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
Federal Circuit Holds IPR Estoppel Inapplicable to Ongoing EPRs
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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
PTAB Voluntary Search Disclosure Declarations: A New Factor Supporting Institution
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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