IPR on Life Support: Petitioner Perspectives on the New PTAB Landscape

IPR on Life Support: Petitioner Perspectives on the New PTAB Landscape

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The pendulum at the PTAB has swung hard, and petitioners are feeling the squeeze. With discretionary denials expanding, serial-challenge limits tightening, and policy shifts favoring patent owners, the IPR process is looking less predictable—and in some cases, barely viable for at least some petitioners. This session delivers an unfiltered petitioner-side assessment of the new PTAB reality.

We will dig into how the latest guidance, precedential decisions, and Director-driven initiatives are disrupting filing strategies, forcing earlier strategic decisions, narrowing prior-art pathways, and elevating district-court coordination from “important” to “mission-critical.” We will focus on real-world scenarios where once-routine challenges now face steep headwinds, and could face ever stronger headwinds with the emerging push toward “one-and-done” petitioning.

Materials

Squires Issues Precedential Decision Holding Parallel Petitions on Same Patent Claims Should Be Rare

Squires Restores PTAB’s RPI Identification Requirement to Exacting Pre-SharkNinja Standard

The Slow Death of AIA Trials: A Look into the USPTO’s ‘One-and-Done’ Rule Package

USPTO Director Discretionary Denials Granted Due to Trial Timing Despite Young Age of Patents

Latest Director Discretionary Denial Decisions Mostly Deny Institution

USPTO Acting Director Takes Over Requests for Discretionary Denial