The Changing Landscape of PTAB Discretionary Denials Under the Squires Administration: Shifting Balances in IPR and PGR Proceedings

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Over the past year, the Patent Trial and Appeal Board (PTAB) has undergone a dramatic policy shift regarding discretionary denials under Title 35 of the U.S. Code. This program explores the operational realities of this new era, tracing its roots back to the critical March 2025 Stewart Memo and its evolution under current USPTO Director John Squires.

Speaker Charley Macedo will analyze how the system shifted from a decentralized panel framework to a strictly centralized regime. The presentation will dissect the foundational March 2025 Stewart Memo, which first bifurcated the institution process and introduced critical new discretionary considerations—including the "settled expectations" of patent longevity and the degree of reliance on expert testimony. The program will then transition into current 2026 developments, focusing on how the Squires Administration has absorbed these factors while layering on new directives concerning domestic manufacturing footprints and small-business status.

Practitioners will learn how these combined policies rebalance the system in favor of patent owners, resulting in historic highs for discretionary denials. Whether you represent owners seeking to leverage these protective doctrines or petitioners navigating strict parallel litigation constraints, this session provides practice-proven strategies to optimize your PTAB litigation outcomes.

Learning Objectives

By the conclusion of this presentation, participants will be able to:

• Navigate Centralized Institution Overhauls: Understand the mechanics of the bifurcated track initiated by the Stewart Memo and how it evolved into the current centralized Squires review process.
• Apply Fintiv Factors Under the Squires Administration: Successfully navigate parallel litigation hurdles by adapting to the stricter, post-2025 enforcement of the Apple v. Fintiv criteria, including new standards for Soterastipulations and the tightening of the "compelling merits" safety valve.
• Apply the March 2025 Stewart Memo Factors: Evaluate and argue the specific discretionary prongs introduced by Acting Director Stewart, including prior adjudications, changes in judicial precedent, and the petition’s reliance on expert testimony.
• Utilize the "Settled Expectations" Doctrine: Formulate arguments surrounding patent longevity and market reliance, leveraging the distinct statistical divergence in denial rates for patents older than six years.

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