In two recent decisions (iRythm Technologies, Inc. v. Welch Allyn, Inc. and Klein Tools Inc., v Milwaukee Electric Tool Corp.), the Acting Director of the US Patent and Trademark Office (USPTO) exercised the Director’s authority to order discretionary denial of inter partes review petitions, citing a holistic analysis of the circumstances surrounding each case with particular focus on the petition’s timing.
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Recent USPTO Director Decisions Highlight Increased Prevalence of Discretionary Denial
