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Dual Attacks Permitted: How the Federal Circuit's "Two Bites at the Apple" Ingenico Decision Undermines Patent Protection and IPR Estoppel
Introduction The United States Court of Appeals for the Federal Circuit recently issued a decision in Ingenico Inc. v. IOENGINE, LLC...
Erick Robinson
May 8, 202510 min read


PTAB Practice Evolution: Don't Beat a Dead Horse (or Patent)
A quiet, but important, shift occurred in PTAB practice on April 17, 2025 when USPTO Acting Director Coke Morgan Stewart broke new ground...
Erick Robinson
Apr 24, 20254 min read


PTAB's Evolving Approach to Discretionary Denial: Insights from SAP America, Inc. v. Cyandia, Inc.
Introduction In the ever-evolving landscape of patent litigation, the Patent Trial and Appeal Board (PTAB) continues to refine its...
Erick Robinson
Apr 9, 202513 min read


The PTAB’s Persistent Efficiency Paradox: Samsung vs. Headwater Research
As a patent litigation lawyer with 25 years of experience advocating for patent owners, I’ve witnessed the evolution of the U.S. patent...
Erick Robinson
Apr 3, 20256 min read


Shifting Tides in PTAB Practice: Director Review Strengthens Patent Owner Position in Fintiv Analysis
In a significant ruling dated March 28, 2025 , the Acting Director of the USPTO, Coke Morgan Stewart, granted Director Review in four...
Erick Robinson
Mar 29, 20258 min read


PTAB’s New Temporary Process: Director to Screen IPR/PGR Petitions for Discretionary Denial
What Just Happened: On March 26, 2025, USPTO Acting Director Coke Morgan Stewart issued a memo introducing interim processes to manage...
Erick Robinson
Mar 26, 20255 min read


New PTAB Ruling Highlights Critical IPR Petition Requirements: Consistency Between PTAB and District Court Proceedings
The United States Patent and Trademark Office (USPTO) recently designated a significant Patent Trial and Appeal Board (PTAB) decision as...
Erick Robinson
Mar 22, 202512 min read


Navigating the Post‑Kroy PTAB Landscape: Strategic Guidelines for Patent Owners
[Note that this is a cross-post from my PatentLitigation.Blog ] The Federal Circuit’s February 10, 2025 decision in Kroy IP Holdings, LLC...
Erick Robinson
Mar 19, 20253 min read


USPTO Rescinds Vidal Memo: A Return to Broad PTAB Discretion in Discretionary Denials
Introduction: A Significant Shift in PTAB Discretionary Denials The United States Patent and Trademark Office (USPTO) has rescinded the...
Erick Robinson
Mar 1, 20255 min read


The Patent Trial and Appeal Board: A Broken Promise?
Introduction In the dynamic world of intellectual property law, the Patent Trial and Appeal Board (PTAB) was established as a beacon of...
Erick Robinson
Feb 24, 20254 min read
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