Recent USPTO Director Decisions Highlight Increased Prevalence of Discretionary Denial

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... Read more »

USPTO Director Clarifies Standards for IPR Discretionary Denials

In a precedential decision, the Director of the US Patent and Trademark Office (USPTO) explained the proper application of its two-part framework for discretionary denial of inter partes review (IPR) and remanded... Read more »

USPTO Announces Interim Process for Discretionary Denials in AIA Trials

The US Patent and Trademark Office (USPTO) has announced an interim procedure for handling Patent Trial and Appeal Board (PTAB) discretionary denial decisions in America Invents Act (AIA) inter partes review (IPR)... Read more »

USPTO Rescinds June 2022 Guidance on Discretionary Denials in PTAB Post-Grant Proceedings

The US Patent and Trademark Office (USPTO) rescinded prior guidance regarding discretionary denial procedure during post-grant patent challenges at the Patent Trial and Appeal Board (PTAB) involving parallel district court or International... Read more »
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