Squires’ First Orders Reject PTAB Petitions En Masse

Covington partner Scott Weidenfeller was quoted in a Law360 article analyzing U.S. Patent and Trademark Office Director John Squires’ first batch of decisions rejecting 13 inter partes review petitions without explanation. Scott, a former PTAB vice chief administrative patent judge, compared the bulk denials to a U.S. Supreme Court order list, noting that “it’s a single document that covers multiple proceedings, as opposed to a Rule 36 which is at least its own judgment in a particular proceeding.” He added that the shift toward unexplained decisions represents “a pretty dramatic change to the landscape” and predicted Administrative Procedure Act challenges and mandamus petitions as parties adjust to the new approach.