Kenneth Weatherwax, co-managing partner at Lowenstein & Weatherwax LLP, was quoted in a January 29, 2021 article by Matt Bultman of Bloomberg Law regarding the recent trend of discretionary denials of petitions for inter partes review (IPR) of challenged patents based on pending U.S. International Trade Commission Investigations involving the same patent.  Mr. Weatherwax observed that the fact that recent IPR decisions have begun to take co-pending ITC cases “seriously” when deciding to deny institution appears to be based on recent Patent Office precedent supporting doing so.  He also commented that broad stipulations by IPR petitioners restricting the arguments they would make in other proceedings if institution is granted may be very significant in the discretionary decision whether to deny institution.    The article may be accessed at this link.