PGR Petitions Are “Favored”, PTAB Litigation Blog
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In Multi-Color Corp. v. Brook & Whittle Ltd., PGR2025-00025, the PTAB declined to discretionarily deny institution of Multi-Color’s post-grant review petition. The decision, designated as precedential in January 2026, makes clear that PGR petitions occupy a favored position in the PTAB’s discretionary denial calculus.
Based on PTAB developments in 2025, it looked like Brook and Whittle, the patent owner, held a favorable position heading into institution. The patent at issue was already the subject of two parallel district court proceedings in the Eastern District of Texas and in the District of Delaware. And trial was set in the E.D. TX. for May 18, 2026, roughly four months before the PGR’s final written decision deadline. Thus, the district court would have likely resolved the patent’s validity before the PTAB. In the IPR context, this kind of timing overlap has historically been one of the strongest arguments for discretionary denial under the Fintiv framework.
