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.
In the article from the Texas Lawbook, 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.