USPTO Director provides comprehensive explainer on discretionary denials policy in new decision

Context: Since the start of the second Trump Administration in early 2025, the United States Patent and Trademark Office (USPTO) has ramped up discretionary denials of inter partes reviews (IPRs) as it adopts a more restrictive policy on the patent review proceedings introduced under the 2011 America Invents Act (AIA). The result has been a precipitous drop-off in IPR petitions and a corresponding decline in institution rate (May 4, 2026 ip fray article).

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Counsel

Magnolia was represented by Banner & Witcoff’s Frederic M. Meeker, John R. Hutchins, Simon C. Lasker, and Jonathan D. Peloquin.

Kurin was represented by Smith Baluch’s Matthew A. Smith, Andrew S. Baluch, and Elizabeth Laughton.