Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Robby Breetz, Ali Morgan,* and Matt Johnson –
On May 12, 2026, the Director of the United States Patent and Trademark Office (“USPTO”), John Squires, granted a patent owner’s motion
Latest from PTAB Litigation Blog
Failure To Cite Own Prior Art Tanks Patent Owner’s Discretionary Denial Request
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By Mike Lavine –
In Microsoft Corporation v. Sandpiper CDN, LLC, IPR2026-00180 (Paper 15, May 6, 2026), Director Squires denied Sandpiper CDN’s request for discretionary denial of Microsoft’s IPR petition, finding
Federal Circuit Clarifies Prior Art Effective Date Relative To Provisional
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Charles Kim and Anuja Mehta –
The Federal Circuit recently issued a precedential decision in Dental Monitoring SAS v. Align Technology, Inc., vacating and remanding a PTAB final written decision
Director’s View on Discretionary Denials: No “Second Bite at the Apple”
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By Bill Devitt, Ashvi Patel, and Maddy Hemphill* –
In Magnolia Medical Technologies, Inc. v. Kurin, Inc., IPR2026-00097 (“Decision”), Director Squires issued a precedential decision denying institution of inter partes
Design Patents at the PTAB: Over a Decade of Data Reveals the Real Odds
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By John Evans and Tyler Fertel* –
It’s been a decade since we first reported early statistics on design patent IPR/PGR outcomes. Time for an update—and the numbers tell an interesting story.
Director Sets Forth Institution Factors for Small Businesses and American Manufacturers
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By David Linden and Dave Maiorana –
Recently, the Director issued a memorandum identifying inter partes review (“IPR”) and post grant review (“PGR”) institution factors designed to promote American innovation and manufacturing.
Director Denies IPR Over Foreign Government RPI Ties
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By Hannah Mehrle and Matt Johnson –
The Director issued a precedential discretionary denial on the ground that a foreign government entity was an undisclosed real party in interest(“RPI”). The ruling
PGR Petitions Are “Favored”
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By Elizabeth Schrieber and Matt Johnson –
In Multi-Color Corp. v. Brook & Whittle Ltd., PGR2025-00025, the PTAB declined to discretionarily deny institution of Multi-Color’s post-grant review petition. The decision, designated
Two’s Company, Three’s a (Discretionary) Crowd
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By Carl Kukkonen –
On January 9, 2026, the USPTO designated a Director decision in IPR2025-00258 as precedential, offering guidance on when the Patent Trial and Appeal Board (PTAB) will exercise its
Licensing Considerations in Informative Discretionary Denial Decisions
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By Sarah Geers –
On January 9, the USPTO designated as informational two recent Director decisions involving licensing activities, highlighting the evolving nature of “settled expectations” in discretionary denial determinations. The decisions—Apple