YMTC and the Entity List: What this Means for IPRs

USPTO Director Squires views the USPTO as a fundamental part of US national defense. Yangtze Memory Technologies Company, Ltd. ("YMTC") is listed on the US Department of Commerce Bureau of Industry and Security's Entity List.

In a recent Order to Show Cause in two YMTC v Micron IPRs, Director Squires orders YMTC "to show cause why adjudicating petitions filed by such a designated entity is an appropriate use of the Office's limited resources." The patents at issue are US 8,945,996 (IPR2025-00098) and US 10,872,903 (IPR2025-00099).

YMTC responded to USPTO Director Squires' Order to Show Cause in IPR2025-00098 and IPR2025-00099, stating:

"The Office should not countenance Micron’s attempt to deflect from the merits of the IPR by weaponing the [] Entity List. YMTC’s designation on the Entity List is irrelevant to the patentability of the ’996 patent, and has nothing to do with the conduct of the IPR. Similarly, de-instituting this IPR or otherwise barring YMTC from petitioning the PTAB does nothing to advance the interests the Entity List serves to protect. Bringing to light and helping to cancel Micron’s illegitimate monopoly benefits everyone. And permitting YMTC equal access to the PTAB likely would result in cancellation of bad patents—an outcome benefitting the public interest."