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PTAB Highlights | Takeaways from Recent Decisions in Post-Issuance Proceedings

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By Kyler Kappes and Elizabeth Yang So, what’s happening at the PTAB?  Functional language, establishing priority, adding new annotations in Reply, and more! Heads I win, tails you lose—argue functional language both ways. Samsung Elecs. Co. v. Harbor Island Dynamic, LLC, IPR2024-01404, Paper 32 (Mar. 11, 2026) (Jung, joined by Anderson and Peslak). Because Petitioner’s anticipation…

PTAB Highlights | Takeaways from Recent Decisions in Post-Issuance Proceedings

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By Craig Kronenthal and Elizabeth Yang So, what’s happening at the PTAB?  Privy and RPI issues, explaining inconsistent claim constructions, the particularity requirement, and more! 2 degrees of separation from Petitioner – not a privy.  Semiconductor Components Industries, LLC v. Greenthread, LLC, IPR2024-00264, Paper 78 (February 78, 2026) (Praiss, joined by Obermann and Belisle) The…

PTAB Highlights | Takeaways from Recent Decisions in Post-Issuance Proceedings

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By Craig Kronenthal and Daniel Moon So, what’s happening at the PTAB?  Design law changes impacting institution decisions, successful rehearing, Director Squires addressing parallel petitions, and more! New Standard, New Review: Change in Design Patent Law Thwarts Discretionary Denial. Top Glory Trading Group Inc. v. Cole Haan LLC, IPR2025-01395, Paper 18 (January 12, 2026) (Director…

PTAB Highlights | Takeaways from Recent Decisions in Post-Issuance Proceedings

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By David Glass and Craig Kronenthal So, what’s happening at the PTAB?  Addressing district court claim constructions in IPRs, Director summary notices, copying claims can indicate non-obviousness, and more! Don’t play games … with your claim construction in different proceedings. Revvo Tech., Inc. v. Cerebruym Sensor Tech., Inc., IPR2025-00632, Paper 20 (November 3, 2025) (Precedential)…

PTAB Highlights | Takeaways from Recent Decisions in Post-Issuance Proceedings

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By Jay Bombien and Craig Kronenthal So, what’s happening at the PTAB? Director summary notices, addressing errors in references, construing “at least one of,” and more! A man of few words.  IPR2025-01014, -01105, -01106, -01114, -01117, -01118, -01137, -01139, -01154, -01166, -01167, -01221, -01240 (October 31, 2025) (Director Squires) (issuing, for the first time ever,…

IP Alert | First Decisions Released Under New Director Institution Process

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By Azuka C. Dike and Craig Kronenthal Last Friday—October 31, 2025—USPTO Director John Squires issued his first summary notice of decisions on institution, a one-page document that used roughly two dozen words and a listing of docket numbers to deny institution on thirteen pending inter partes review (IPR) proceedings. This represents a dramatic departure from…

IP Alert | Authors’ Copyright Battle Against OpenAI Survives Motion to Dismiss

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By Azuka C. Dike, Rebecca Ding, and Victoria Webb This week, Judge Sidney Stein in the Southern District of New York issued two Orders rejecting attempts to dismiss or strike claims in the consolidated multi-district class action that numerous plaintiff authors brought against OpenAI and Microsoft. The action, brought by some of the most prominent…

IP Alert | Reddit Sues Perplexity Alleging Illegal Scraping of Google Excerpts of Copyrighted Reddit Posts, Setting Up Yet Another AI Copyright Battle

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By Sydney Huppert, Kirk Sigmon, and Victoria Webb Last week, Reddit, Inc. (“Reddit”) sued Perplexity AI, Inc. (“Perplexity”) and other co-defendants in the Southern District of New York in Reddit, Inc. v. SerpApi LLC et al., No. 1:25-cv-08736 (S.D.N.Y., Oct. 22, 2025).Among other allegations, Reddit claims that Perplexity violated the Digital Millennium Copyright Act (“DMCA”)…

PTAB Highlights | Takeaways from Recent Decisions in Post-Issuance Proceedings

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By Zhengyu Feng and Alaina Pak So, what’s happening at the PTAB? Director Squires vacating decisions, unrebutted testimony, licensing creating settled expectations, and more! Ensure an expert’s testimony is worth the money. Interactive Comms. Int’l, Inc. v. Blackhawk Network Inc., IPR2024-00465, Paper 39 (Oct. 1, 2025) (Director Squires) (granting Patent Owner’s request for review and…
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