JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges
JONES DAY TALKS®: Appointments of PTAB Judges Ruled Unconstitutional ... What Now?
In 2025, the Patent Trial and Appeal Board (PTAB) experienced significant procedural and substantive changes. Under new leadership at the U.S. Patent and Trademark Office (USPTO), a series of developments reshaped...more
USPTO Director Squires recently published an open letter announcing that he was “Bringing the USPTO Back to the Future” by assuming responsibility for all IPR and PGR institution decisions. Why the reference to the 1980s...more
The US Court of Appeals for the Federal Circuit found that an administrative patent judge’s (APJ) recusal in an inter partes review (IPR) based on ownership of stock in one of the defendant’s corporations in an amount below...more
On October 29th, Acting Chief Judge Deshpande and Vice Chief Judge Kim discussed Director institution of AIA trials, where the Director will make all institution decisions (on both discretionary, non-discretionary, and...more
As of October 2025, United States Patent and Trademark Office (USPTO) Director John A. Squires has reclaimed authority to decide all patent review institution proceedings. This responsibility was previously delegated to...more
On October 17, Director Squires announced that he will assume responsibility for all post‑grant trial institution decisions. When the Director determines that a petition warrants institution, the matter will be assigned to a...more
On June 6, 2025, the Acting Director of the United States Patent and Trademark Office (“USPTO”), Coke Morgan Stewart, issued a decision denying institution of five inter partes review (“IPR”) petitions filed by iRhythm, Inc....more
Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Addresses Waiver of Argument Not Raised in Request for...more
The US Patent & Trademark Office (PTO) announced a final rule concerning pre-issuance internal circulation and review of decisions within the Patent Trial & Appeal Board. The new rules are designed to bolster the independence...more
In our PTAB Spotlight Series, attorneys will share their valuable insights on PTAB practice today, the challenges and opportunities clients face, and the trends practitioners should follow....more
Seeking to bolster the independence of administrative patent judge (APJ) panels when issuing decisions and increase transparency regarding Patent Trial & Appeal Board processes, the US Patent & Trademark Office (PTO) issued a...more
The Unified Patent Court (UPC) recently announced the appointment of 21 new technically qualified judges (TQJ) to the pool of judges of the pan-European court. The new TQJs are mainly judges from technical courts and IPOs...more
On May 16, 2023, the Federal Circuit denied a petition for a writ of mandamus to direct the Board to vacate an institution decision based on stock ownership of an administrative patent judges (“APJ”) in In re Centripetal...more
Precedential Opinion Addresses Conclusory Expert Declarations - In a precedential opinion in Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 (P.T.A.B. Aug. 24, 2022), the Board denied institution of an inter partes...more
Hosted by ACI, 18th Annual Paragraph IV Disputes Conference returns to New York City for another exciting year with curated programming that not only addresses the hot topics, but also puts them within the context of pre-suit...more
Smith & Nephew petitioned for IPR of Arthrex’s ’907 patent, which claims a surgical device with an “eyelet” through which a suture is threaded. Smith & Nephew argued in relevant part that certain claims were anticipated by a...more
As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more
On November 9, 2022, the USPTO’s Legal Experience and Advancement Program (LEAP) hosted "LEAP to Chambers," a new LEAP initiative to provide LEAP-eligible practitioners with an inside perspective on practicing before PTAB. ...more
The Trademark Trial & Appeal Board (Board) issued a precedential decision affirming the US Patent & Trademark Office (PTO) Examining Attorney’s refusal to register two different logo marks filed by southern California’s...more
It isn’t every day that the literal landscape of patent litigation changes radically with the stroke of a pen. Monday, July 25, 2022 was such a day. That’s when Chief Judge Orlando H. Garcia of the U.S. District Court for the...more
The U.S. Patent and Trademark Office's interim procedures for reviewing decisions of the Patent Trial and Appeal Board are receiving increased scrutiny. On July 20, 2022, the PTO issued a notice announcing notice-and-comment...more
On Monday, July 25, the Chief Judge for the Western District of Texas issued an order altering how patent cases are assigned in that District. The order implements a “random assignment” procedure that now prevents plaintiffs...more
A recent order from Chief Judge Garcia of the US District Court for the Western District of Texas (WDTX) changes how judges are initially assigned to cases filed in its Waco Division. As of July 25, 2022, patent cases filed...more
ACI’s 8th Annual Paragraph IV Disputes Master Symposium returns in person to Chicago on September 21-22! Join leading pharmaceutical patent litigators for brand name and generic drug companies to receive up-to-the-minute...more
The PTAB Digest 2021/2022 provides an overview of PTAB statistics, trends, and updates that impact strategies and business decisions for patent owners and petitioners alike. Significant developments included the...more