PTAB Developments in 2025: Discretionary Denial and Beyond

Session 1: Discretionary Denial Changes at the PTAB: Overdue or Overcorrection? - The panel examines the impact of the new procedures on discretionary denials of institution at the PTAB, and best practices for petitioners and patent owners under the interim procedures. Hear how the new discretionary denial factors, such as settled expectations, are being leveraged by the parties and treated by the Director. And also covers further developments related to the interim procedures that occur between now and November 2025, including mandamus challenges to the new procedures. 

Session 2: Critical PTAB Developments: Beyond Discretionary Denial - While discretionary denial has dominated PTAB discussions in 2025, numerous other changes have fundamentally transformed PTAB practice, requiring practitioners to recalibrate their strategic approach to both AIA trials and ex parte appeals. Key developments to be discussed include significant Federal Circuit decisions narrowing estoppel and scrutinizing implicit claim construction, the limits on the use of admitted prior art and other general knowledge in IPR petitions, the PTAB’s focus on reducing the pendency of ex parte appeals, and the return to mandatory in-person hearings.