Andrew Dufresne served as a panelist on Session on Discretionary Denials – The PTAB’s recent designation of opinions as precedential that relate to its discretion to deny IPR institution under 35 U.S.C. § 325(d) and § 314(a) has led to significant changes in IPR practice. This panel will discuss the effect of these discretionary denials on IPR procedure as well as on co-pending district court litigation.