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PTAB Practice Evolution: Don't Beat a Dead Horse (or Patent)
A quiet, but important, shift occurred in PTAB practice on April 17, 2025 when USPTO Acting Director Coke Morgan Stewart broke new ground...
Erick Robinson
3 days ago4 min read
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PTAB's Evolving Approach to Discretionary Denial: Insights from SAP America, Inc. v. Cyandia, Inc.
Introduction In the ever-evolving landscape of patent litigation, the Patent Trial and Appeal Board (PTAB) continues to refine its...
Erick Robinson
Apr 913 min read
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The PTAB’s Persistent Efficiency Paradox: Samsung vs. Headwater Research
As a patent litigation lawyer with 25 years of experience advocating for patent owners, I’ve witnessed the evolution of the U.S. patent...
Erick Robinson
Apr 36 min read
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Shifting Tides in PTAB Practice: Director Review Strengthens Patent Owner Position in Fintiv Analysis
In a significant ruling dated March 28, 2025 , the Acting Director of the USPTO, Coke Morgan Stewart, granted Director Review in four...
Erick Robinson
Mar 298 min read
187
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PTAB’s New Temporary Process: Director to Screen IPR/PGR Petitions for Discretionary Denial
What Just Happened: On March 26, 2025, USPTO Acting Director Coke Morgan Stewart issued a memo introducing interim processes to manage...
Erick Robinson
Mar 265 min read
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New PTAB Ruling Highlights Critical IPR Petition Requirements: Consistency Between PTAB and District Court Proceedings
The United States Patent and Trademark Office (USPTO) recently designated a significant Patent Trial and Appeal Board (PTAB) decision as...
Erick Robinson
Mar 2212 min read
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Navigating the Post‑Kroy PTAB Landscape: Strategic Guidelines for Patent Owners
[Note that this is a cross-post from my PatentLitigation.Blog ] The Federal Circuit’s February 10, 2025 decision in Kroy IP Holdings, LLC...
Erick Robinson
Mar 193 min read
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USPTO Rescinds Vidal Memo: A Return to Broad PTAB Discretion in Discretionary Denials
Introduction: A Significant Shift in PTAB Discretionary Denials The United States Patent and Trademark Office (USPTO) has rescinded the...
Erick Robinson
Mar 15 min read
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The Patent Trial and Appeal Board: A Broken Promise?
Introduction In the dynamic world of intellectual property law, the Patent Trial and Appeal Board (PTAB) was established as a beacon of...
Erick Robinson
Feb 254 min read
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