"Three new mandamus petitions recently arrived at the Federal Circuit, each attempting to navigate around the court's November 6 decisions that rejected challenges to the USPTO's expanded use of discretionary denials. The new petitions raise arguments their counsel contend are distinct from those already rejected in In re Motorola Solutions, Inc., No. 2025-134 (Fed. Cir. Nov. 6, 2025) (precedential)."
"The petitions challenge both the "settled expectations" rule and parallel proceeding denials, while advancing novel theories designed to overcome the § 314(d) bar that has proved insurmountable for prior petitioners. Whether these distinctions carry legal weight remains to be seen, but the filings reflect a coordinated effort to keep pressure on the Federal Circuit as Director John Squires continues to deny IPR institution at a 0% rate."
Three new mandamus petitions arrived at the Federal Circuit seeking to challenge the USPTO's expanded discretionary denials after the November 6 decisions. The petitions assert arguments counsel consider distinct from In re Motorola Solutions and challenge the "settled expectations" doctrine and parallel proceeding denials while advancing novel theories to circumvent the § 314(d) bar. Director John Squires assumed personal control of all IPR institution decisions in October 2025 and has issued 91 consecutive denials, each a summary notice stating only that institution "is denied." The USPTO's proposed rulemaking would codify categorical bars to IPR institution without addressing settled expectations or no-explanation denials. New petitions based on Acting Director Stewart's actions are pending.
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