Program Committee Hosts "Continuing Evolution of Discretionary Denials at the PTAB" Webinar - August 18, 2025

On August 18, 2025, the PTAB Bar Association's Program Committee hosted a webinar titled “Continuing Evolution of Discretionary Denials at the PTAB.” This webinar provided perspectives from seasoned PTAB outside counsel on how to address the numerous issues that these discretionary denials present, as both patent owners and petitioners try to navigate between the Scylla of Fintiv and the Charybdis of settled expectations. They also addressed potential strategies for obtaining successful outcomes in this new landscape, policy implications, and how they are advising clients, both on already-filed IPR petitions and on whether to file petitions at all. The panelists included Alexis Cohen, WilmerHale; David Higer, Winstead; Lisa Nguyen, Paul Hastings; Marshall Schmitt, Michael Best & Friedrich; and Frank L. Bernstein, Squire Patton Boggs. Logged-in members of the PTAB Bar Association can access the recording and slide deck from the presentation at the following members-only link: Program Committee, Continuing Evolution of Discretionary Denials at the PTAB (August 18, 2025).  

About the PTAB Bar Association
The PTAB Bar Association is a voluntary bar association of over 700 members, most of whom are in private and corporate practice. Members represent a broad spectrum of individuals, companies, and institutions involved in practice before the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent & Trademark Office (“USPTO”) and in patent, administrative, and appellate law more generally.  The Association is dedicated to helping secure the just, speedy, and inexpensive resolution of every PTAB proceeding, and serves as an avenue for constructive dialogue between the bar community, the PTAB, and other stakeholders.