USPTO Designates New Precedents on PTAB Discretionary Denial
By Carl Kukkonen and Matt Johnson - On January 9, 2026, USPTO Director John A. Squires designated four recent discretionary-denial rulings as precedential and nine more as informative, formalizing a developing framework for how and when the Office will exercise...
PTAB Statistics Through Two Months of FY 2026
By Matt Johnson - The institution rate for post-grant petitions in FY 2026 through the end of November (the period from Oct. 1, 2025 through November 30, 2025) stands at 37% (118 instituted, 197 denied). As expected, this rate is substantially lower than the previous...
Federal Circuit Holds IPR Estoppel Inapplicable to Ongoing EPRs
By Erin Bies, David Linden, and Dave Maiorana - On appeal from an ex parte reexamination (“EPR”) decision, the Federal Circuit held that a final written decision of an inter partes review (“IPR”) does not preclude the Patent Office from maintaining an ongoing EPR. ...
PTAB Voluntary Search Disclosure Declarations: A New Factor Supporting Institution
By Ruth Brindel,* Daniel Sloan, and Matt Johnson On November 17, 2025, USPTO Director John Squires issued a memorandum introducing a new procedure allowing petitioners to submit a voluntary Search Disclosure Declaration (SDD) that explains the petitioner’s search...
Prosecution Error Evidence & Timing Considerations Sends IPR Forward
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. Tritech Software Systems, IPR2025-00959, Paper 11 (Oct. 3 2025)....