BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month November 20, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Patent
  • schedule 90 minutes

Discretionary Denials in IPRs: New Framework, Navigating the Evolving Landscape, Strategies for Survival

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$347.00
$294.95
Save $52.05

Discount expires 11/4/25

This course is $0 with these passes:

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Description

In early 2025, the USPTO rescinded former USPTO Director Vidal’s Interim Procedure for Discretionary Denials Memorandum. This was followed in March by then Acting Director Stewart providing a new bifurcated framework for deciding whether to institute trial in which the Director decides discretionary denial issues and, if necessary, a PTAB panel decides whether to institute in response to arguments raised in the Patent Owner Preliminary Response (POPR).

In October, Director Squires issued an open letter and memo indicated that he would decide all institution decisions after consultation with a PTAB panel, which could have significant consequences on PTAB practice. On the same day, the USPTO published a Notice of Proposed Rulemaking (NPRM), which, if enacted in its current form, would require IPR petitioners to stipulate that they would not raise any 102 or 103 arguments in district court—even those completely unrelated to the IPR prior art.

Over the past several months, there has been an increase in discretionary denials. This, along with the recent developments, is limiting access to IPRs in favor of patent owners.

Listen as our authoritative panel of patent attorneys guides practitioners on the many changes related to discretionary denials. The panel will discuss recent precedential-designated decisions, as well as the actions by the USPTO. The panel will offer practical strategies in light of these developments to increase the likelihood of success in IPR.

Presented By

Nicoletta M. Kennedy
Partner, Co-Leader Chemistry and Life Sciences Practice
Kilpatrick Townsend & Stockton LLP

Ms. Kennedy is a registered patent attorney who concentrates her practice on patent-related matters with a focus on client counseling, patent prosecution, domestic and international patent portfolio development and management, and post grant proceedings. Additionally, her practice includes invalidity, patentability, non-infringement, and freedom-to operate opinions. Ms. Kennedy is a former patent examiner at the U.S. Patent and Trademark Office where she examined patent applications in the organic chemistry field, including polymer, pharmaceutical, transdermal and cosmetic patent applications.

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Justin L. Krieger
Partner
Kilpatrick Townsend & Stockton LLP

Mr. Krieger is a leading patent strategist with more than 25 years of experience guiding clients through complicated intellectual property challenges. Known for his ability to distill scientifically intricate issues into clear, actionable strategies, Mr. Krieger is highly sought after for conducting freedom-to-operate (FTO) analyses in the chemistry, biochemistry, oil and gas, mechanical systems, and medical device fields. He is equally adept at evaluating patents for validity and conducting non-infringement assessments, helping clients navigate dense landscapes of competitor patents. In addition to client counseling, Mr. Krieger is also an active PTAB litigator, having represented both petitioners and patent owners in dozens of PTAB proceedings. His outstanding record has set him apart as one of the most effective PTAB advocates in the country. Mr. Krieger also handles district court and ITC litigation, and patent prosecution matters across a range of technical fields. He chairs the American Chemical Society (ACS) Committee on Intellectual Property and is Chair-Elect of the Colorado Section of ACS. Mr. Krieger teaches a course on PTAB litigation as an adjunct professor at the University of Denver Sturm College of Law and also lectures and publishes frequently on various intellectual property topics, including PTAB litigation, trade secrets, the America Invents Act, and the “on sale” bar to patentability.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, November 20, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Recent developments at the USPTO

II. The NPRM and its potential implications

III. Recent decisions on discretionary denial

IV. Best practices for navigating the new IPR landscape and discretionary denials

The panel will review these and other critical issues:

  • What effect will these developments have on access to IPRs?
  • How is the PTAB considering co-pending lawsuits when it makes its institution decision?
  • What steps should patent counsel take to increase the likelihood of success in IPR?