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The PTAB’s Overhaul of Its Discretionary Denial Procedures Signals a Pro-Patent Pivot

Since Acting USPTO Director Coke Morgan Stewart took office in 2025, the Patent Trial and Appeal Board (PTAB) has overhauled its discretionary denial procedures for inter partes reviews (IPRs) and post-grant reviews (PGRs)....more

Prosecution History: A Patentee’s Silence Can Be Motivating

In Elekta Ltd. v. ZAP Surgical Systems, Inc., the Federal Circuit affirmed a Patent Trial and Appeal Board decision in an inter partes review that invalidated patent claims relating to “a device for treating a patient with...more

Treehouse Avatar LLC v. Valve Corp.: District Court Did Not Abuse Its Discretion in Striking Expert Testimony That Failed to Rely...

I. Introduction - In Treehouse Avatar LLC v. Valve Corp., the Federal Circuit affirmed the Western District of Washington’s decisions to (i) strike portions of an expert report that failed to apply the parties agreed upon...more

The Recent Rise of Discretionary Denials at the Patent Trial and Appeal Board

The rate at which the Patent Trial and Appeal Board (“PTAB” or “Board”) institutes Petitions for Inter Partes Review (“IPR”) has been in steady decline since the introduction of the IPR procedure in 2013, and is expected to...more

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