Director’s View on Discretionary Denials: No “Second Bite at the Apple,” PTAB Litigation Blog
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In Magnolia Medical Technologies, Inc. v. Kurin, Inc., IPR2026-00097 (“Decision”), Director Squires issued a precedential decision denying institution of inter partes review (“IPR”)—and in doing so, also provided significant insights into his views of the original purpose of AIA review. In the Decision, Director Squires emphasized that that the foundational purpose of AIA review is to serve as a litigation alternative, not a vehicle for duplicative patent challenges.
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