The Shape of IPR Institution Under Director Squires
For a long time, inter partes review felt like gravity. If you owned a patent and someone filed an IPR, it was less a question of whether you’d be dragged…
The Denials Will Continue Until Morale Improves
IPR Denials Are Now Standard After the recently appointed USPTO Director John Squires took the helm, IPR denials have been the standard. This of course isn’t appealing to those that…
What the USPTO’s 0% IPR Institution Rate Means for Patent Holders
USPTO Director Squires Imposes 0% Institution Rate Since October 2025, USPTO Director John Squires has personally taken control of IPR institution decisions — and the results are stark: every petition…
USPTO Proposes Major IPR Changes: What Patent Owners Should Know
Proposed USPTO IPR Rules Could Strengthen Patent Protection The USPTO is considering rules that could fundamentally change how inter partes review (IPR) works. If finalized, these changes would make it…
Why IPR Decisions Don’t Preclude District Court Litigation
An Illustration from Life of Issue Preclusion The kids are fighting over something and bring it to me to resolve. I don’t really want to get involved in whatever they’re…
The USPTO’s “Settled Expectations” Doctrine — and Why It Matters to You
The USPTO has a new trick up its sleeve. If you own older patents, you may actually like it. It’s called the “settled expectations” doctrine. Acting Director Coke Morgan Stewart…
USPTO Slams the AAPA Window Shut — Shockwave’s Over Before It Started
Shockwave Raised Hopes for Using AAPA in IPRs If you thought Shockwave Medical would let you slip Applicant-Admitted Prior Art (AAPA) into an inter partes review (IPR) to patch holes…
The Fintiv Pendulum Swings Back — What Patent Litigators Need to Know
The rule book and the black box The Use of the Inter Partes Review in Infringement Accusations You’re facing an infringement suit. A common defensive tactic is to challenge the…
Federal Circuit Clarifies Limits on Prosecution Disclaimer Across Patent Families
Federal Circuit Limits Cross-Family Prosecution Disclaimer In Maquet Cardiovascular LLC v. Abiomed Inc., the Federal Circuit clarified prosecution history disclaimer across related patents. The court vacated a district court judgment…
Protecting the Little Guy… or Bad Patents?
Proposed Changes to USPTO IPR Rules The USPTO is considering modifications to the rules for inter partes review (IPR) and post grant review (PGR) proceedings. Ostensibly this is to “better align……
Update on IPRs
An Inter Partes Review is a proceeding before the USPTO, which allows third parties to challenge the validity of the claims of an issued patent without going into federal court.…
PATENT OFFICE CATCHING UP ON PTAB APPEALS
Although the length of time that PTAB appeals are pending has only gone down slightly over the last three years, the number of new appeals has steadily declined. This seems to…
2020 UPDATE ON PATENT OFFICE APPEALS
Patexia is a terrific resource for statistics regarding intellectual property. Earlier this week Patexia reported that there has been a 20% drop in IPR (Inter-Partes Review) petitions since 2019. Their 4th Annual…