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…
A Shift in Section 101? What Recent PTAB Decisions Mean for Software Inventors
For years, Section 101 rejections have been the biggest obstacle for software and computer-implemented inventions. Recently, however, the Patent Trial and Appeal Board (PTAB) has been reversing those rejections at…
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 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…
The Harsh Reality of § 101 Appeals: Why Fighting a Rejection at the PTAB Is an Uphill Battle
PTAB § 101 Affirmance Rates Continue to Climb For inventors and patent practitioners, securing a patent has always been challenging. Overcoming a § 101 rejection is even harder. The latest…
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.…
US v Arthrex
Supreme Court Decision on PTAB Appointments In U.S. v. Arthrex, the Supreme Court found that PTAB (Patent Trial and Appeals Board) should have been nominated by the President and confirmed…
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…