Two’s Company, Three’s a (Discretionary) Crowd, PTAB Litigation Blog
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On January 9, 2026, the USPTO designated a Director decision in IPR2025-00258 as precedential, offering guidance on when the Patent Trial and Appeal Board (PTAB) will exercise its discretion to deny institution of inter partes review (IPR) proceedings in instances of joinder. The decision, involving a dispute between LED lighting manufacturers, reinforces the Office’s holistic approach to discretionary denials—and serves as a cautionary tale for petitioners considering their timing strategies.
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