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Elections Appear to Have Discretionary Denial Consequences

March 2, 2025

Last Friday, the USPTO—under interim leadership by Acting Director Coke Morgan Stewart—announced the rescission of a June 21, 2022 memorandum from prior director Kathi Vidal. That memo is credited with having reduced the number of discretionary denials by the Patent Trial and Appeal Board (PTAB) in America Invents Act (AIA) reviews running in parallel with related district court litigation.


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