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USPTO Issues New Guidance on PTAB Discretionary Institution: Focus on U.S. Manufacturing and Small Businesses

On March 11, 2026, USPTO Director John A. Squires issued a memorandum introducing additional discretionary considerations for instituting inter partes review (IPR) and post grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB). The guidance highlights the role that U.S. manufacturing and small businesses may play in the Director’s discretionary institution decisions.

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Perilla Knox & Hildebrandt LLP Welcomes Joel Bradley as Senior Associate

PKH welcomes Joel Bradley to the firm. Joel’s practice focuses on electrical, mechanical, and software technologies, advising clients ranging from Fortune 100 companies and emerging growth businesses to universities and individual inventors. His experience spans artificial intelligence and machine learning, autonomous and electric vehicle technologies, networking standards (Wi-Fi and cellular), semiconductors, blockchain systems, video encoding and decoding, power systems, HVAC technologies, medical devices, routing algorithms, and consumer electronics.

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PKH Delivers Unprecedented Success in IPR Challenges for Champion Power Equipment

Perilla Knox & Hildebrandt LLP (PKH) continues to set the standard in patent defense. In a significant win for patent owners, Law360 highlighted PKH’s key role in two high-profile inter partes review (IPR) proceedings that were overturned by USPTO Director John Squires. The February 6, 2026 article, “Squires Rules Inconsistent Claim Constructions Doom 3 IPRs,” explains how Director Squires vacated PTAB decisions instituting reviews of two Champion Power Equipment Inc. patents challenged by Generac Power Systems Inc.

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Perilla Knox & Hildebrandt Recognized in 2026 Edition of Best Law Firms®

Perilla Knox & Hildebrandt LLP is honored to be included once again in the 2026 edition of Best Law Firms®, underscoring the firm’s continued excellence and leadership in the legal industry. This year’s rankings highlight the firm’s outstanding performance with Tier 1 recognition in Litigation – Intellectual Property and Patent Law, and Tier 3 recognition in Litigation – Patent.

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USPTO To Limit Use of General Knowledge in IPRs: What Practitioners Need to Know

On July 31, 2025, the United States Patent and Trademark Office (USPTO) issued a significant memorandum signaling a shift in inter partes review (IPR) strategy, namely, the Office will no longer waive the enforcement of 37 C.F.R. § 42.104(b)(4). The new rule requires that petitions must “specify where each element of the claim is found in the prior art patents or printed publications relied upon.”

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PTAB Denies IPR Based on Patent Age and Settled Expectations

In a recent decision, the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR) proceedings requested by Sandisk Technologies, Inc. and Western Digital Technologies, Inc. against Polaris PowerLED Technologies, LLC. The denial was issued under the Board’s discretionary authority pursuant to 35 U.S.C. § 314(a), signaling the continuing relevance of equitable considerations in post-grant proceedings.

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USPTO Expands Access to Track One Prioritized Patent Examination Program - Annual Cap Increased from 15,000 to 20,000 Requests

As of July 7, 2025, the USPTO has officially raised the cap on its popular Track One prioritized examination program, increasing the annual limit from 15,000 to 20,000 requests per fiscal year. That means more applicants than ever can take advantage of this fast-track option to secure patent protection in record time.

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Key Changes to China’s Revised Anti-Unfair Competition Law

The Standing Committee of China’s National People’s Congress (NPC) passed a significant amendment to the Anti-Unfair Competition Law (AUCL) of the People’s Republic of China. The amended law, which will take effect on October 15, 2025, represents a continued effort by Chinese authorities to modernize competition rules in response to evolving commercial practices, particularly in the digital and platform economy.

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USPTO Revises Procedure for Discretionary Denials in AIA Post-Grant Proceedings

On March 24, 2025, the U.S. Patent and Trademark Office (USPTO) issued a memorandum providing guidance on its recent decision to rescind the "Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation." This change reverts policy to pre-2022 guidance, specifically the precedential decisions in Apple Inc. v. Fintiv, Inc. and Sotera Wireless, Inc. v. Masimo Corp.

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Brad Groff Receives Super Lawyers Recognition

Perilla Knox & Hildebrandt LLP proudly congratulates Brad Groff on being named to Super Lawyers for the 19th consecutive year. This prestigious recognition is a testament to Brad’s deep expertise in intellectual property law and his dedication to delivering outstanding results for our clients. Brad is widely known in Atlanta and nationwide.

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PKH Welcomes Usha Parker

Perilla Knox & Hildebrandt LLP is excited to welcome Usha Parker to the firm. With nearly two decades of experience in intellectual property law and a strong technical background, Usha brings a wealth of knowledge and expertise that will be invaluable to our clients.

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Federal Circuit Further Defines Eligibility Standard for Composition Patent

In US Synthetic Corp. v. ITC, the Federal Circuit issued a precedential decision providing useful guidance on the application of 35 U.S.C. § 101, which governs patent eligibility. Specifically, the court addressed whether the claims of U.S. Patent No. 10,508,502 (the ’502 patent) were directed to an abstract idea and thus ineligible for patent protection. The case offers valuable clarification on how to assess claims involving physical compositions of matter under the two-step framework established by the Supreme Court in Alice Corp. v. CLS Bank International.

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Federal Circuit Clarifies Collateral Estoppel with respect to Inter Partes Review

In Kroy IP Holdings, LLC v. Groupon, Inc., the Federal Circuit reversed a district court’s dismissal of Kroy’s patent infringement claims on the grounds of collateral estoppel. The court clarified that inter partes review (IPR) decisions by the Patent Trial and Appeal Board (PTAB), which use a lower burden of proof, do not automatically preclude litigating related but unadjudicated patent claims in district court.

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Federal Circuit Affirms PTAB on Prior Art in Inter Partes Review

In a precedential and significant ruling that clarifies when a published patent application can serve as prior art in an inter partes review (IPR), the Federal Circuit has affirmed the Patent Trial and Appeal Board’s (PTAB) decision in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd. The case hinged on the determination of whether a published patent application is considered prior art as of its filing date or its publication date.

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