Askeladden Urges Supreme Court to Review USPTO Discretion Over IPR Proceedings
USPTO Orders Reexamination of Two Liberty Peak Patents in Response to Askeladden Requests
PTAB Invalidates Heavily Asserted Jabaa Patent Challenged by Askeladden
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Industry Groups, IP Attys Back High Court PTAB Denials Case
September 7, 2026
The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership. In amicus briefs, e-learning company Kahoot! AS's challenge to USPTO Director John Squires' institution policies got the backing of groups like Askeladden LLC, the Association for Affordable Medicine, the Software & Information Industry Association and the PTAB Bar Association.
An Inside Look At Squires' Discretionary Denials
September 3, 2026
Under U.S. Patent and Trademark Office Director John Squires, discretionary denial has become the single most significant obstacle to institution of America Invents Act proceedings. Since he took over institution decisions on Oct. 31, 2025, he has denied nearly 60% of petitions on discretionary grounds, without reaching the merits. Every discretionary denial decision issued by Squires between Oct. 31, 2025, and Aug. 25 this year, and corresponding briefs were analyzed. This article reveals the commonly asserted discretionary denial arguments and evaluates which arguments most strongly correlated with institution outcomes.
USPTO Policies Spur Reps To Float Conditions On Fee Power
September 2, 2026
Several lawmakers expressed concern at a hearing Wednesday about recent U.S. Patent and Trademark Office policies, including increased denials of patent reviews, and questioned if Congress should respond by putting conditions on the office's power to set its own fees.
USPTO Anonymous Reexam Proposal Spurs Concern, Praise
August 24, 2026
A U.S. Patent and Trademark Office proposal to effectively end the ability to be completely anonymous when requesting patent reexaminations drew numerous concerns from industry and attorney groups, as well as supportive remarks from patent owners and calls for the office to go further.
USPTO Tells Fed. Circ. 'Settled Expectations' Is Constitutional
August 20, 2026
The U.S. Patent and Trademark Office has urged the Federal Circuit to reject Google's constitutional challenge to the office's "settled expectations" policy of taking the age of patents into account when deciding whether to review them, saying the rule is "eminently rational."
August 19, 2026
Askeladden L.L.C. filed an amicus curiae brief with the U.S. Supreme Court in support of Intel Corporation and Google LLC, urging the Court to grant their petition for certiorari and review whether extra-statutory U.S. Patent and Trademark Office (USPTO) policies governing inter partes review (IPR) may be insulated from judicial review.