In 2025, the USPTO implemented a new bifurcated process for PTAB trial institution decisions, highlighting discretionary denials. These denials commonly assess two key factors: the relationship between parallel litigation and the timing of district court trials and the 'settled expectations' for patents that have remained unchallenged for significant periods. The recent decisions reveal that these factors serve as critical components in the PTAB's overall evaluation, indicating a preference for maintaining certainty in patent rights.
The USPTO's new bifurcated process for PTAB trial institution decisions emphasizes discretionary denials based on the status of parallel litigation and settled expectations.
Discretionary denials have been significantly impacted by the timing of district court trials in relation to PTAB's projected decisions.
The concept of 'settled expectations' suggests that patent owners and market participants rely on the stability of long-standing patents.
Recent PTAB decisions indicate a holistic approach where key factors heavily influence the denial of institution in trials.
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