Director Squires has issued a further order rejecting inter partes review (IPR) petitions, but continues to limit disclosure of rationales or the specific facts that sway these outcomes. This lack of explanation puts both sides in an increasingly difficult position, leaving many wondering whether the Director might discretionarily reject their petitions.

Director Squires' recent order rejecting dozens of petitions under the Director's discretion does not identify the discretionary issues he considered. Unlike previous petitions receiving discretionary denials, the Director has not set forth the rationale, such as “settled expectations.” 

Those contemplating an inter partes review petition, as well as those patent owners opposing a petition, would be better served if the discretionary review process were more detailed and the factual scenarios justifying discretionary denial were identified. Until better clarity is provided, petitioners are best positioned by making early determinations and early petition filings. 

In this regard, petitioners may hopefully beat the clocks ticking towards “settled expectations” and early trial schedules.