Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Ruth Brindel* and Matt Johnson
The USPTO’s Acting Deputy Director, Coke Morgan Stewart, issued a decision on October 3, 2025, declining to exercise discretion to deny institution in Carbyne, Inc. v.
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USPTO Director Institution Decisions: Back To The Future?
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By John Marlott –
USPTO Director Squires recently published an open letter announcing that he was “Bringing the USPTO Back to the Future” by assuming responsibility for all IPR and PGR institution
PRECEDENTIAL: PTAB Clarifies Real Party in Interest Analysis
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By Carl Kukkonen and Matt Johnson –
The Patent Trial and Appeal Board (PTAB) has designated as precedential a decision that squarely reaffirms the statutory requirement to identify all real parties in
Collateral Estoppel May Not Apply When Claim Interpretation Standards Differ
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By Thane Bonnett* and Matt Johnson –
In its recent decision in RØDE Microphones, LLC et. al. vs. Zaxcom, Inc., the PTAB declined to apply collateral estoppel based on prior post-grant proceedings
Proposed Rulemaking Aims to Change Access to IPR Proceedings
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By Thane Bonnett,* Daniel Sloan, and Matt Johnson –
On October 17, 2025, the USPTO issued a notice of proposed rulemaking (“Notice”) regarding the rules of practice for inter partes review
Director Terminates Proceeding Based on Inconsistent Testimony
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By David Linden, Dave Maiorana, Thane Bonnett,* and Pranita Dhungana –
On October 1, 2025, USPTO Director John Squires issued his first Director Review decision, terminating in whole IPR2024-00465
Discretionary Decision Statistics Update
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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.
PTAB Issues First Summary Institution (Denial) Decisions
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By Matt Johnson –
On October 31st, the Director issued his first set of summary decisions on IPR institutions, denying institution of 13 cases without comment in a single document.
The
PTAB Presentation Regarding Director Institution – Slides and Rough Transcript
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By Adam Cook, Christian Roberts, and Matt Johnson –
On October 29th, Acting Chief Judge Deshpande and Vice Chief Judge Kim discussed Director institution of AIA trials, where the Director
Divergent Claim Construction Results in Discretionary Denial
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By Evan Tassis and Matt Johnson –
In a recent decision, Acting Director Coke Morgan Stewart granted Patent Owner’s request for discretionary denial in Sun Pharmaceuticals Industries Inc. v. Nivagen Pharmaceuticals, Inc.,