The USPTO implemented an interim process under Acting Director Coke Morgan Stewart for managing discretionary denial requests in IPR and PGR cases. This new process involves consulting with PTAB judges before deciding on institution denial. Stewart's actions come after rescinding former Director Kathi Vidal's procedures, which had minimized the influence of the Apple v. Fintiv ruling. The recent decisions indicate that the Director found merit in some denial requests while denying others, showcasing a more structured approach to case management in the context of ongoing district court litigation.
In the first four decisions, the Director ruled that two of the requests for discretionary denial were warranted and two were not.
Under Stewart's interim procedure, the Director will consult with at least three PTAB judges and will determine whether discretionary denial of institution of the IPR or PGR is appropriate.
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