PTAB decisions
PTAB Decisions on Institution
These notes cover decisions on whether to start an AIA trial: the merits threshold, statutory bars and discretionary denial.
Institution is the gatekeeping step of every AIA trial. The Board asks whether the petition meets the statutory threshold, whether any statutory bar applies, and whether discretion counsels against review. Discretionary-denial practice has changed repeatedly, so these notes describe each decision in its own time and point to current guidance.
Designations and rules change. Before relying on any decision, confirm its current status on the USPTO PTAB pages.
Decisions in this category
- Dell v. Electronics and Telecommunications Research InstituteIPR2015-00549
- Garmin v. Cuozzo (IPR2012-00001, Paper 15): The Decision to Institute the First IPRIPR2012-00001
- Microsoft v. Proxyconn (IPR2012-00026, Paper 17): Instituting Review and Construing the ClaimsIPR2012-00026
- MicroStrategy v. ZillowIPR2013-00034
- Westlake Services v. Credit Acceptance (CBM2014-00176): Estoppel Applies Claim by ClaimCBM2014-00176
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