Daniel Sloan

3 days ago | jdsupra.com | Matthew Johnson |Daniel Sloan

On May 16, 2025, USPTO Acting Director Coke Morgan Stewart released the first four discretionary denial decisions under the PTAB’s new process. Under the new process, the parties separately brief discretionary denial issues and then the Director issues a decision on whether discretionary denial is appropriate. The Acting Director discretionarily denied review in two cases and granted review in another two cases.

1 week ago | jdsupra.com | Matthew Johnson |Daniel Sloan

USPTO Acting Director Coke Morgan Stewart recently vacated and remanded three Final Written Decisions from the PTAB. Semiconductor Components Indus. v. Greenthread, LLC, IPR2023-01242, IPR2023-01243, IPR2023-01244, Paper 94 (P.T.A.B. April 24, 2025). The Acting Director’s decision highlights the importance of scrutinizing the PTAB’s analysis of dispositive procedural matters.

2 months ago | jdsupra.com | Matthew Johnson |Joshua Nightingale |Daniel Sloan

Recent developments at the USPTO suggest a significant shift in favor of the PTAB exercising discretionary denial and uncertainty on behalf of parties to PTAB proceedings.  On March 24, 2025, following the February 28, 2025 rescission of former Director Vidal’s June 21, 2022 memorandum entitled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” Chief Administrative Patent Judge Scott R.

Jan 10, 2025 | mondaq.com | Daniel Sloan |Matthew Johnson

Petitioners may soon need to check their account balances, asthe United States Patent and Trademark Office ("USPTO")is raising patent fees across the board, effective January 19,2025. 89 Fed. Reg. 91898.

Jan 3, 2025 | jdsupra.com | Daniel Sloan

Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed as the Prevailing Party under Fed. R. Civ. P. 54(d) and for Taxable Costs. Packet Intelligence L.L.C. v. Netscout Sys., Inc., No. 2:16-CV-00230, 2024 WL 4505457 (E.D. Tex. Oct. 16, 2024) (“Order”) at *4. Judge Gilstrap also granted in part the defendants’ Motion for Bill of Costs.