Squires' Latest Precedential Decision Slams Use of IPR for Litigation Leverage

USPTO Director John Squires issued a precedential decision denying Magnolia Medical Technologies' IPR petition against Kurin Inc.'s patent. Squires emphasized AIA proceedings should be litigation alternatives, not harassment tools for gaining litigation leverage. The decision criticized Magnolia's attempt at a "second bite at the apple" after losing in district court, where a jury found Kurin's patent not invalid and Magnolia's expert testimony was precluded due to inadequate claim construction disclosure.