Intellectual Property Litigation: USPTO Updated Guidance on Discretionary Denial of AIA Institutions Adds Consideration of U.S.-Based Operation

Litigation partners Catherine Nyarady and Crystal Parker’s latest intellectual property litigation column, “USPTO Updated Guidance on Discretionary Denial of AIA Institutions Adds Consideration of U.S.-Based Operation,” appeared in the March 25 issue of the New York Law Journal. The authors discuss new guidance issued by the U.S. Patent and Trademark Office that broadens the office’s discretionary framework, emphasizing U.S.-based manufacturing as a key factor in deciding whether to institute patent review proceedings. The authors note that, while the new guidance “has not established U.S.-based manufacturing as an express requirement for institution,” parties “may now be motivated to develop and present detailed evidence regarding manufacturing locations, component sourcing, and supply chain arrangements in discretionary briefing.” Litigation associates Eric Westerhold and Gregg Stephenson assisted in the preparation of this column.

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