Failure To Cite Own Prior Art Tanks Patent Owner’s Discretionary Denial Request, PTAB Litigation Blog
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In Microsoft Corporation v. Sandpiper CDN, LLC, IPR2026-00180 (Paper 15, May 6, 2026), Director Squires denied Sandpiper CDN’s request for discretionary denial of Microsoft’s IPR petition, finding that (1) not all of Microsoft’s challenges relied on previously considered art and (2) that Sandpiper CDN’s failure to cite its own commonly assigned prior art during prosecution undercut its settled expectations.
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