Claim Construction Stipulation Avoids Discretionary Denial, PTAB Litigation Blog
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USPTO Director John Squires issued a decision on October 3, 2025, denying a request to discretionarily deny institution in Caption Health, Inc. v. The University of British Columbia, IPR2025-01422, Paper 15 at 3 (Dec. 18, 2025). Director Squires denied the Patent Owner’s request because the Petitioner stipulated to use the same claim construction in the Patent Trial and Appeal Board (“PTAB”) proceeding as in the parallel district court litigation.
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