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USPTO Implements Interim Procedures Bifurcating Decisions to Institute AIA Trials

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

USPTO Rescinds and Replaces Guidance on Discretionary Denials

On February 28, 2025, the United States Patent and Trademark Office (USPTO) rescinded a memorandum issued in June 2022 by former Director Katherine Vidal (the Vidal Memorandum) that provided guidance on discretionary denials...more

The PTAB Pendulum Swings Back to Petitioners

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

USPTO Seeks Comments on PTAB’s Discretionary Denials of Review

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

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