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The Federal Circuit Will Not Disrupt the USPTO’s New Era of Discretionary Denials
In a trio of rulings on Nov. 6, 2025, the Federal Circuit delivered a clear message: discretionary denial of Inter Partes Review (IPR) petitions is unreviewable on appeal. The court will not interfere with the U.S. Patent and Trademark Office’s (USPTO) new discretionary denial program, leaving the Director with broad authority to deny institution….
By: BakerHostetler