PTAB Director Squires Issues Precedential Denial Curbing Duplicative IPR Challenges
Patent owners facing serial IPR petitions should expect PTAB to reject follow-on challenges that recycle prior arguments.
In a precedential decision in Magnolia Medical Technologies, Inc. v. Kurin, Inc. (IPR2026-00097), PTAB Director Squires denied institution of inter partes review, reinforcing that the AIA review framework exists as a litigation alternative rather than a forum for duplicative patent challenges. The ruling signals heightened scrutiny of petitioners seeking a 'second bite at the apple' through repeat filings, particularly where prior proceedings or arguments already addressed the same issues. For patent owners, this strengthens defenses against serial IPR attacks and supports motions to deny institution. For petitioners and accused infringers, it raises the bar for crafting original, non-redundant grounds and may push more disputes back toward district court litigation. Counsel should reassess pending and contemplated IPR strategies in light of this precedential guidance.