Intellectual property law
fromPatently-O
3 days agoThe Director's Non-Statutory Statute of Limitations
Google's petition raises concerns about PTO's authority to deny IPR based on a patent's age and the limits of judicial review.
#settled-expectations
#settled-expectations
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fromPatently-O
4 months agoThe Unreviewable Director: How 314(d) Shields the USPTO's IPR Denial Regime from Judicial Oversight
The Federal Circuit has closed the courthouse doors on the second wave of challenges to the USPTO's restrictive new IPR institution policies. In four orders issued December 8-9, 2025, the same three-judge panel (Judges Prost, Chen, and Hughes) denied mandamus petitions from Cambridge Industries, SanDisk, Western Digital, HighLevel, and Inari Agriculture, each seeking to challenge discretionary denials of inter partes review institution.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
7 months agoLatest Director Discretionary Denial Decisions Mostly Deny Institution, But Two Cases Defy 'Settled Expectations' Trend
This week, U.S. Patent and Trademark Office (USPTO) Acting Director Coke Morgan Stewart posted another round of Director Discretionary Denial decisions to the PTAB Decisions page, almost all of which denied institution to America Invents Acts (AIA) patent validity trials. Stewart's recent rulings generally confirm the trend so far that a patent owner's settled expectations with respect to patents that have been in force for six years or more hold significant weight, although in two cases this trend was bucked.
Intellectual property law
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
8 months agoLatest Director Discretionary Denials Deliver Good News for Patent Owners
Settled expectations can apply to patents as young as six years, shaping director discretionary denial decisions favorably for patent owners.
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