Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Adam Cook and Matt Johnson –
In a Director Review, the Acting Director reversed a panel decision to discretionarily deny an IPR under § 325(d). The Acting Director held that
PTAB Litigation Blog
The PTAB Litigation Blog, published by Jones Day, focuses on legal developments and procedural issues related to the Patent Trial and Appeal Board (PTAB) proceedings. It covers topics such as inter partes review (IPR), post-grant review (PGR), claim construction standards, real party in interest disclosures, discretionary denials, estoppel, joinder, and the impact of district court litigation on PTAB trials. The blog also discusses rulemaking proposals, precedential decisions, and strategic considerations in patent litigation before the PTAB. It provides analysis of USPTO policies, Federal Circuit decisions, and procedural nuances affecting patent validity challenges and trial institution decisions.
Latest from PTAB Litigation Blog - Page 5
Navigating the New Discretionary Denial Bifurcated Framework
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Pranita Dhungana and Matt Johnson –
The USPTO recently published a new webpage on the Interim Director Discretionary Process, which provides information regarding the bifurcated process for consideration of discretionary denial…
All Grounds Must Be Addressed in Final Written Decision
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By: Daniel C. Sloan and Matt Johnson –
On July 29, 2025, Chief Administrative Patent Judge Scott R. Boalick circulated a memorandum to Members of the PTAB entitled “Final Written Decision…
Acting Director Reverses Previous Discretionary Denial
By Sarah Geers
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Adam Cook and Sarah Geers –
For the first time under the bifurcated institution procedures, the Acting Director reversed her own prior discretionary denial, citing changed circumstances based on a…
Institution Denied Based on Parallel Proceeding and Prior Denial
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By David Linden and Dave Maiorana –
On December 6, 2024, Comcast Cable Communications, LLC (“Comcast”) filed three separate petitions for inter partes review (“IPR”) of U.S. Patent No. 9,866,438 (“the ’438…
Cancellation of Claims Deemed An Inappropriate Sanction
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By Jessie Hess,* Pranita Dhungana, and Matthew Johnson –
USPTO Acting Director Stewart sua sponte reconsidered and modified a previous Director Review decision that had affirmed cancellation of all 183 challenged…
Two Week Deadline for PTAB to Issue Notice of Filing Date Accorded
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By Chris Hodge and S. Christian Platt –
On July 18, 2025, Scott R. Boalick, Chief Administrative Patent Judge for the Patent Trials and Appeals Board (“PTAB”), announced that, absent good cause,…
Subsequent Challenge Does Not Justify Discretionary Denial
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By Evan Tassis and Matt Johnson –
In a recent decision, Acting Director Coke Morgan Stewart denied a Patent Owner’s request for discretionary denial in LifeVac, LLC v. DCSTAR, Inc., IPR2025-00454. Even…
Acting Director Clarifies Multi-Petition Policy for Competing Constructions
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Levent Herguner and Matt Johnson –
On June 25, 2025, Acting Director Coke Stewart released an informative decision vacating institution of inter partes review (“IPR”) based on two petitions that were…
Another Fender-Bender between LKQ and GM
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By John Evans and Tanvi Kumar* –
We have covered the LKQ v. GM design patent disputes from the PTAB decision through appeal and en banc rehearing. And now we report…