"The CAFC found that Kahoot! had not met the high standard for mandamus relief, which requires a petitioner to show a 'clear and indisputable right to the relief it seeks.'"
"The Director's denial reasoned that the patent had been in force for over six years, which created 'strong settled expectations' for the patent owner. The Director also determined that an IPR would be an 'inappropriate use of [Patent Trial and Appeal] Board resources under these circumstances.'"
"The 'settled expectations' doctrine came into play under then-Acting Director Coke Morgan Stewart, who explained that while there is no bright-line rule, 'the longer the patent has been in force, the more settled expectations should be.'"
The U.S. Court of Appeals for the Federal Circuit denied Kahoot!'s petition for writ of mandamus challenging the USPTO Director's decision to deny an inter partes review petition. The Director refused to institute the IPR targeting an Interstellar patent for an online academic competition system, citing that the patent had been in force for over six years, creating strong settled expectations for the patent owner. The Director determined that instituting an IPR would constitute an inappropriate use of Patent Trial and Appeal Board resources. This denial reflected the Director's interim workload management process allowing discretionary denials based on patent age and other factors. The settled expectations doctrine, developed under then-Acting Director Coke Morgan Stewart, establishes that longer patent tenure creates stronger settled expectations against institution.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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