fromPatently-O
4 days agoInstacart Challenges USPTO's Discretionary IPR Denials in Seventh Pending Mandamus Petition
The petition argues that Dir. Stewart's novel denial criteria were imposed without the notice-and-comment rulemaking required by the Administrative Procedure Act, exceed the Director's statutory authority under 35 U.S.C. § 314(a), and were applied retroactively to Instacart's petition in violation of due process. The petition argues that the NPRM is tacit admission of the rulemaking requirement.
Intellectual property law
