The U.S. Patent and Trademark Office’s recent “Workload Memo” signals a significant shift in how inter partes review (IPR) petitions are evaluated. In his new article, “Discretionary Denials 2.0 — The Litigator’s IPR Playbook,” IP practice leader Jeff Andrews examines how the memo expands PTAB’s ability to deny IPRs for reasons that extend beyond prior art.
Jeff discusses:
- The resurgence of discretionary denials and the “settled expectations” doctrine,
- How parallel litigation timing and venue selection now impact IPR strategy,
- The influence of PTAB workload and resource management,
- Tactical guidance for petitioners and patent owners under the new regime.
Key takeaways: Filing IPRs early, focusing petitions, and documenting parallel litigation and market impact are more important than ever. For patent owners, the discretionary-denial brief has become a powerful tool to shape outcomes.