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Federal Circuit Denies Mandamus in Three IPR Institution Challenges: Deference to PTAB Discretion
Nov. 6, 2025 In three nonprecedential orders issued today, the U.S. Court of Appeals for the Federal Circuit denied mandamus relief for petitioners challenging the Patent Trial and Appeal Board’s (PTAB) discretionary denials of inter partes review (IPR) petitions. These decisions—arising from parallel district court litigation and the recent rescission of interim guidance on IPR […]
USPTO Automated Search Pilot Program: Enhancing Early Prior Art Assessment
The United States Patent and Trademark Office (USPTO) has announced an Automated Search Pilot Program in the Federal Register on October 8, 2025. This initiative evaluates the effects of providing AI-generated search results prior to substantive examination of original, noncontinuing, nonprovisional utility patent applications. By issuing an Automated Search Results Notice (ASRN) to participants, the […]
Petitioners Target PTAB’s Discretionary Denials with Federal Circuit Mandamus Petitions
In a series of recent filings before the U.S. Court of Appeals for the Federal Circuit, petitioners including Motorola Solutions, Inc., SAP America, Inc., Google LLC, Samsung Electronics Co., Ltd., SanDisk Technologies, Inc., Western Digital Technologies, Inc., and HighLevel, Inc. are pressing for writs of mandamus to overturn PTAB denials of inter partes review (IPR) […]
PTAB Discretionary Denials and Patent Prosecution Topics at the 2025 Midwest IP Institute
Join us at the 2025 Midwest IP Institute on September 18 and 19 for a deep dive into patent, trademark, and copyright topics. On Friday, September 19, I’ll be moderating a special panel discussing recent PTO developments that impact patent practice. We’ll explore PTAB discretionary denials, the new prior art fee structure, and their influence […]
Laches for Thee, But Not for Patentee; (un)Settled Expectations in Patent Enforcement
In the world of patent law, equity sometimes feels like a one-way street. For patent owners enforcing their rights in court, the defense of laches—essentially, “you waited too long”—has been significantly curtailed, thanks to a recent Supreme Court decision. Yet, when it comes to challenging those same patents at the Patent Trial and Appeal Board […]