"While not the basis of today's decision, I note that inter partes review may be discretionarily denied on the basis that a petitioner is a sovereign." - USPTO Director John Squires U.S. Patent and Trademark Office (USPTO) Director John Squires on January 15 issued a Director Review decision, which he then designated as informative on January 16, in favor of Micron Technologies, vacating two Patent Trial and Appeal Board (PTAB) decisions granting institution of inter partes review (IPR) for Yangtze Memory Technologies.
We blogged on these decisions here, here, here, here, and here. On October 17, 2025, newly appointed Director Squires issued an open letter and memorandum to the public and to the Patent Trial and Appeal Board (Board), taking back authority previously delegated to the Board to decide whether to institute an IPR or PGR proceeding on the merits. Now, the Director will issue summary notices on whether to institute proceedings.
Two additional mandamus petitions have joined the Federal Circuit's growing docket challenging the USPTO's 2025 shift toward more restrictive inter partes review (IPR) institution practices under President Trump, bringing the total to five pending cases that collectively test the boundaries of appellate review under 35 U.S.C. § 314(d). The newest petitions are In re HighLevel, Inc. (No. 25-148) and In re SanDisk Technologies, Inc. (No. 25-152).
"If Xerox wanted its more limited construction, it should have written the claims as it did in the substitute claim," said the CAFC.
