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PTAB Bar Association Program Committee Webinar
“Recent Pronouncements from the USPTO: A Seismic Shift in PTAB Practice?”
Monday, November 10, 2025 | 1:00pmET
Please join us to discuss the recent Notice of Proposed Rulemaking (90 Fed. Reg. 48335), and Open Letter and Memorandum to PTAB Judges issued by the USPTO Director.
The NPRM outlines a series of proposed regulation changes intended to “focus inter partes review (IPR) proceedings on patent claims that have not previously been challenged in litigation or where prior litigation was resolved at an early stage,” including precluding institution (absent “extraordinary circumstances”) where the validity of a claim has been determined in another proceeding, a parallel proceeding is likely to reach an invalidity decision before a Final Written Decision would issue, or a petitioner does not file a stipulation agreeing to not pursue invalidity challenges under 102 or 103 in any other proceeding.
The Director Memo provides that effective October 20, 2025, the Director, in consultation with three PTAB judges, will determine whether to institute IPR and PGR challenges based on merits, discretionary, and non-discretionary considerations, thereby superseding the bifurcated “interim processes” that had been in place since March 26, 2025. Summary notices under this new process have begun, with 13 denials announced via summary notice on October 31, 2025.
These two announcements have significant ramifications for PTAB practitioners, patent challengers, patent owners, and PTAB judges. This panel will discuss these changes, what effects these changes are likely to have not only on PTAB practice, but patent litigation and assertion generally, and ideas for navigating this new landscape both for counsel and clients. Attendees will have the opportunity to guide the discussion by providing questions in advance, as well as during the webinar.
Please submit questions to program.committee@ptabbar.org.
Register
PTAB Bar Webinar Registration - Zoom Link
Panelists
- Molly Kocialski, Counsel at Holland & Hart and former director of the USPTO Rocky Mountain Regional Office
- Melissa Haapala, Counsel at Sterne Kessler and former Administrative Patent Judge and Vice Chief of Patent Trial and Appeal Board
- Buddy Toliver, Associate General Counsel and Director at Cisco Systems, Inc.
- Tom Scott, General Counsel at Personalized Media Communications, Inc.
Moderator
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Joel Sayres, Partner at Faegre Drinker Biddle & Reath
Complimentary CLE Credit
CLE for this program is sponsored and administered by Faegre Drinker Biddle & Reath. One hour of CLE credit will be sought in CO, IN, and VA. Attorneys licensed in AZ, CT, NJ, and NY will receive a certificate of attendance to claim credit for the program. Applications for credit in other states will be considered upon request. Please provide complete bar information during registration to seek credit. Please note that because of various jurisdictional requirements, we cannot guarantee that CLE applications will be approved.
CLE is generously provided by Faegre Drinker Biddle & Reath.
Questions? Please contact info@ptabbar.org
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