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USPTO Reshapes Discretionary Denials for Post-Grant Proceedings

The US Patent and Trademark Office (USPTO) recently issued two memoranda reshaping the Patent Trial and Appeal Board’s (PTAB) approach to discretionary denials for parallel proceedings....more

Federal Circuit Refuses to Extend IPR Estoppel to Unadjudicated Patent Claims

In Kroy IP Holdings, LLC v. Groupon, Inc., 127 F.4th 1376 (Fed. Cir. 2025), the Federal Circuit held that patentees in district court are not collaterally estopped from asserting claims that were not immaterially different...more

USPTO Rescinds Vidal’s 2022 Guidance on PTAB Discretionary Denials

On February 28, the US Patent and Trademark Office (USPTO) rescinded former Director Kathi Vidal’s 2022 memorandum on discretionary denials in Patent Trial and Appeal Board (PTAB) post-grant proceedings running parallel to...more

ITC Substantively Amends its Rules of Practice and Procedure Governing Section 337 Investigations

Effective February 3, the US International Trade Commission (ITC) amended its Rules of Practice and Procedure governing Section 337 investigations. While some of these amendments make technical corrections and clarifications,...more

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