
Jones Day PTAB Blog
@JonesDayPTAB
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Discussion and analysis from leading patent attorneys on news and developments relating to post-issuance patentability challenges at the PTAB of the USPTO.
Joined February 2017
Read a post discussing a PTAB institution denial where a Sotera stipulation was given little weight because it was not signed by all defendants. #PTAB #patentlaw #intellectualproperty
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Read a post discussing a PTAB institution denial based on a petitioner’s reliance on test data associated with a physical sample of a prior art product. #PTAB #patentlaw #IP
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Read a post on Jones Day's PTAB Litigation Blog discussing the delegated rehearing panel remanding a case to the panel based on an erroneous construction of a claim term. #PTAB #patentlaw #IP
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Read a post discussing the Federal Circuit refusing to hear a real-party-in-interest argument from a Patent Owner that was not sufficiently raised at the PTAB. #PTAB #patentlaw #IP
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Read a post on Jones Day's PTAB Litigation Blog that discusses mechanics of the PTAB’s new bifurcated briefing process for discretionary denial issue. #PTAB #patentlaw #IP
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Read a post on Jones Day's PTAB Litigation Blog discussing Federal Circuit decision finding that the Petitioner had standing to appeal based on plans for future activity. #PTAB #patentlaw #IP
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Read a post discussing a PTAB panel declining to consider a Sotera stipulation because its wording did not extend to ITC proceedings. #PTAB #patentlaw #IP
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Read a post discussing a decline in trial institutions from 67% during the first half of fiscal year 2025 to 44% in April. #PTAB #patentlaw #IP
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Read a post on our PTAB Litigation Blog discussing an initial set of decisions from the Acting Director on Discretionary Denial Request brought under the new two-stage institution briefing process #PTAB #patentlaw #IP
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Read a post discussing a case where a PTAB panel denied institution because the petitioner failed to show that a baby carrier manual qualified a printed publication prior art. #PTAB #patentlaw #IP
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Read a post discussing a decision by the Acting Director to vacate a Final Written Decision to allow for additional discovery regarding real party in interest issues. #PTAB #patentlaw #IP
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Read a post discussing an ITC finding that a respondent who was successful at the PTAB was nonetheless prevented from raising similar defenses at the ITC based on § 315(e)(2) estoppel. #PTAB #patentlaw #IP
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Read a post that discusses an institution denial based on a trial date in November, despite a broad stipulation to avoid overlapping efforts. #PTAB #patentlaw #IP
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Read a post discussing discusses the Federal Circuit’s clarification that IPR estoppel does not apply to product prior art grounds raised in the trial court. #PTAB #patentlaw #IP
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Read a post on our PTAB Litigation discussing an institution denial based a September 2025 trial date despite a Sotera stipulation that mitigated certain concerns of duplicative efforts between the District Court and PTAB. #PTAB #patentlaw #IP
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Read a post discussing the Acting Director rescinding institution of trial in a case as an inefficient use of resources where the trial court had deemed the challenged claims unpatentable under § 101. #PTAB #patentlaw #IP
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Read a blog post discussing a PTAB panel instituting trial despite arguments by the Patent Owner that a third party’s pending ex parte reexamination raised some of the same issues as the IPR petition being decided. #PTAB #patentlaw #IP
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Read a post discussing an instance where the PTAB instituted 3 of 7 petitions filed by petitioner challenging 91 claims of a single patent. #PTAB #patentlaw #IP
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Read a post that discusses an institution denial where settlement of an instituted trial that the petitioner sought to join barred the petitioner’s opportunity for PTAB review. #PTAB #patentlaw #IP
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Read a post discussing an institution denial that relied on a patent owner’s expert declaration submitted pre-institution. #PTAB #patentlaw #IP
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