Director Coke Morgan Stewart of the USPTO denied iRhythm Technologies' request for review of her decision to deny institution of inter partes review against Welch Allyn's patents. Stewart emphasized that 'settled expectations' of patent owners hold significant weight when patents have been enforced for over six years. iRhythm contended that Welch Allyn's inaction from 2012 to 2024 undermined their claims. The petition argued that Stewart's rationale violates her own precedent set in the 2020 NHK decision which was designated as binding authority regarding such reviews.
Stewart's decision in iRhythm v. Welch Allyn emphasized that 'settled expectations' of patent owners outweigh other factors in denying institution of inter partes review after six years.
iRhythm petitioned for a Director Review, arguing that Welch Allyn's patents were dormant from 2012-2024 and contended that the Director's rationale contradicts binding precedent established in NHK.
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