Partner Jason Hoffman and Associate Daniel Wicklund co-authored an article in IP Litigator titled “Can a Discretionary IPR Denial Also Shut the Door on Ex Parte Reexamination?” Published on Sept. 1, 2026, the article explores a recent USPTO decision suggesting that a discretionary denial of inter partes review may have consequences beyond the PTAB. The authors examine how such a discretionary denial can, in some circumstances, undermine a later request for ex parte reexamination based on the same prior art, signaling that the two proceedings may be more interconnected than many practitioners have assumed.
