News & Analysis as of

Parallel Proceedings

Haug Partners LLP

In re Motorola and the Return of PTAB Discretion Revisiting Fintiv, Sotera, and the Limits of Judicial Review

Haug Partners LLP on

The Patent Trial and Appeal Board’s (“PTAB’s”) authority to exercise discretion over whether to institute Inter Partes Review (“IPR”) proceedings has become one of the most consequential features of post-grant practice before...more

McDermott Will & Schulte

IPR estoppel doesn’t extend to ongoing ex parte reexamination

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit affirmed a decision by the Patent Trial & Appeal Board, concluding that inter partes review (IPR) estoppel under 35 U.S.C. § 315(e)(1) does not apply to ongoing ex parte...more

Dinsmore & Shohl LLP

USPTO Proposes New Constraints on Inter Partes Review Petitions

Dinsmore & Shohl LLP on

The U.S. Patent and Trademark Office (“USPTO”) recently proposed rules governing inter partes review (“IPR”). If adopted, these requirements would...more

Farella Braun + Martel LLP

Lawmakers Weigh in on USPTO’s Proposed Modifications to IPR Process

The U.S. Patent and Trademark Office published a notice of proposed rulemaking on October 16, 2025, titled “Revision to Rules of Practice Before the Patent Trial and Appeal Board” announcing its intention to modify the rules...more

McDermott Will & Schulte

Pick a lane: USPTO Director nixes IPR for inconsistent claim construction positions

McDermott Will & Schulte on

The Director of the United States Patent and Trademark Office (USPTO) vacated a Patent Trial & Appeal Board decision instituting an inter partes review (IPR) proceeding after finding that the petitioner advanced inconsistent...more

Quinn Emanuel

Insider Trading Remains a Law Enforcement Priority Amid the Looming Drought in White Collar Prosecutions

Quinn Emanuel on

This week’s unsealing in Boston of a superseding indictment charging eight defendants in an alleged insider trading ring spanning multiple continents marks the latest in a string of prosecutions and SEC enforcement actions...more

Jones Day

Proposed Rulemaking Aims to Change Access to IPR Proceedings

Jones Day on

On October 17, 2025, the USPTO issued a notice of proposed rulemaking (“Notice”) regarding the rules of practice for inter partes review before the PTAB. The proposed rules do not apply to post grant review petitions,...more

DLA Piper

Navigating US congressional inquiries: Key considerations for non-US companies

DLA Piper on

United States congressional inquiries have become an important instrument to shape policy agendas, test industry practices, influence public opinion, and apply pressure on industries and companies seen as politically...more

King & Spalding

Southern District of New York Applies Colorado River Abstention to Dismiss Lender Liability Action Against Foreclosing Lender

King & Spalding on

On September 29, 2025, the U.S. District Court for the Southern District of New York applied the Colorado River abstention doctrine to dismiss a lender liability action against Computershare Trust Company, National...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Denies Three Early Petitions for Mandamus Relating to Rescission of a 2022 Fintiv Memo

On November 6, 2025, the U.S. Court of Appeals for the Federal Circuit (Judges Dyk, Linn, Cunningham, and/or Stoll) issued orders denying three petitions for mandamus (out of seven currently pending) challenging then-Acting...more

McCarter & English, LLP

New Patent Rule Set to Upend IPR Practice

Are you planning on challenging a competitor’s patent at the US Patent and Trademark Office (USPTO)? The policies of the new director of the USPTO may cause you to rethink your strategy. The USPTO has recently proposed a new...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Part II: Does Your Patent Office Post-Grant Strategy Account for the Rise of Serial Challenges Flowing From the PTAB to the CRU?

In a March 2025 article, we provided strategy considerations for both parties handling ex parte reexaminations following denied inter partes reviews (IPRs) in view of the United States Patent and Trademark Office (USPTO)...more

Jones Day

Divergent Claim Construction Results in Discretionary Denial

Jones Day on

In a recent decision, Acting Director Coke Morgan Stewart granted Patent Owner’s request for discretionary denial in Sun Pharmaceuticals Industries Inc. v. Nivagen Pharmaceuticals, Inc., IPR2025-00893. While some factors...more

Miller Canfield

The New Race to Judgment: How the USPTO’s Proposed IPR Rule Makes Litigation Speed a Decisive Weapon

Miller Canfield on

On October 17, 2025, the USPTO proposed new rules that would dramatically alter IPR strategy. The most impactful change to the status quo is a proposal to bar the PTAB from instituting an IPR if a parallel district court case...more

McDermott Will & Schulte

Double trouble: Proposed IPR institution changes would limit duplicative proceedings

McDermott Will & Schulte on

The United States Patent and Trademark Office (USPTO) proposed changes to the rules governing inter partes reviews (IPRs) before the Patent Trial & Appeal Board, including setting limits on use of IPR proceedings for patent...more

BakerHostetler

USPTO’s New Proposed Rules for IPR Institution: One Collective Bite at the Invalidity Apple

BakerHostetler on

The U.S. Patent and Trademark Office (USPTO) has announced proposed rulemaking that could fundamentally reshape the Inter Partes Review (IPR) landscape. The proposal aims to make invalidity a “one-and-done” process,...more

King & Spalding

USPTO Acting Director Stewart Clarifies PTAB Treatment of Other Proceedings

King & Spalding on

On September 16, 2025, acting USPTO Director Coke Morgan Stewart released a memo instructing the Patent Trial and Appeal Board (PTAB) that if the Board is considering claims that have “already been adjudicated” before the...more

Foley & Lardner LLP

CFTC Obtains Multimillion-Dollar Judgment in Parallel Crypto Case

Foley & Lardner LLP on

The output of new enforcement actions from the Commodity Future Trading Commission (CFTC) has virtually ground to a halt in 2025, with a slowdown that greatly exceeds the slower pace of new Securities and Exchange Commission...more

Vedder Price

English High Court Grants Anti Enforcement Injunction to Restrain the Enforcement of an English Court Judgement Abroad

Vedder Price on

Federal Government of Nigeria & Anor v Louis Emovbira Williams [2025] EWHC 2217 (Comm) - Summary - In what is understood to be the first reported case of its kind, the English High Court has granted an...more

Jones Day

Acting Director Reverses Previous Discretionary Denial

Jones Day on

For the first time under the bifurcated institution procedures, the Acting Director reversed her own prior discretionary denial, citing changed circumstances based on a settlement in the parallel district court litigation. ...more

Jones Day

Institution Denied Based on Parallel Proceeding and Prior Denial

Jones Day on

On December 6, 2024, Comcast Cable Communications, LLC (“Comcast”) filed three separate petitions for inter partes review (“IPR”) of U.S. Patent No. 9,866,438 (“the ’438 Patent”), which is assigned to Entropic Communications,...more

Goodwin

PTAB Discretionarily Denies Two Petitions, Refers a Third to the Board in Amgen v. Bristol-Myers Squibb

Goodwin on

On July 24, 2025, Acting Director of the USPTO, Coke Morgan Stewart, denied institution of inter partes review in IPR2025-00601 and IPR2025-00602, but referred the petition in IPR2025-00603 to the Board in Amgen Inc. v....more

Rothwell, Figg, Ernst & Manbeck, P.C.

“At Your Discretion” — Discretionary Denials Increase as PTAB Issues Institution Decisions

The first half of 2025 has brought many changes at the United States Patent and Trademark Office (“USPTO”), including policy changes at the Patent Trial and Appeal Board (“PTAB”). At the end of March 2025, the issuance of the...more

Winstead PC

SEC and DOJ Bring Parallel Actions in $275 Million Ponzi Schemes Involving Water Vending Machines

Winstead PC on

There has not been much news regarding SEC enforcement lately, but today the SEC and DOJ both charged a founder of a Washington-based water vending machine manufacturer Water Station Management, LLC and two related companies...more

Goldberg Segalla

Dismissal of Case Affirmed for Lack of Prosecution, Parallel Bankruptcy Trust Litigation No Excuse for Plaintiff’s Delay

Goldberg Segalla on

Back in 2009, Salvador Parra filed suit in the trial court of Jones County, Mississippi against 19 companies for asbestos exposure. He amended to clarify he was a Louisiana citizen but was employed in Mississippi in 1968-69...more

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