What’s Next After a PTAB Discretionary Denial? Potential Challenges, Avenues to Judicial Review, and Strategic Considerations

The USPTO’s evolving approach to discretionary denial of inter partes review (IPR) petitions has raised important questions for both petitioners and patent owners. This webinar will detail the current legal and procedural landscape for challenging (or defending) a discretionary denial, including recent policy developments, key Federal Circuit and Supreme Court decisions, and arguments being advanced in ongoing challenges. Our panel will examine the statutory basis for discretionary denial and the implications of recent APA and constitutional claims—all with an eye toward helping stakeholders navigate the shifting framework and understand potential paths forward.

Practical discussion will include:

• • APA-based challenges to discretionary denial
  • Constitutional arguments related to discretionary denial
  • Practical considerations for stakeholders navigating the new bifurcated institution process
  • Strategic advice to identify and preserve arguments at the PTAB
  • Supreme Court and Federal Circuit guidance on institution discretion
    
    

Moderator:
Erika Arner

Presenters:
Brandon Andersen
Robert High
Erik Puknys