On March 26, 2025, Acting Director of the United States Patent and Trademark Office (USPTO) Coke Morgan Stewart issued a memorandum (the Workload Memorandum) to all Administrative Patent Judges (APJs) of the Patent Trial and...more
The PTAB’s institution rates have bounced back under Director Vidal, as discretionary denials have plummeted.
Key Points:
..Petitioners are enjoying the highest institution rate since 2015-2016, driven largely by a...more
The USPTO may issue new rules on the current practices found in its “precedential” PTAB decisions.
Key Points:
..The PTAB often denies IPR and PGR petitions for reasons other than the merits of the petition, such as the...more
The PTAB may join only parties, not issues, to existing proceedings.
Key Points:
..A party may no longer join additional issues to a pending IPR.
..Defendants are most likely to be affected when more than one year...more