Five Petitions, Five Denials: The Federal Circuit's Mandamus Wall Grows Higher

"In a series of nonprecedential orders issued between February 24 and 27, 2026, the Federal Circuit rejected every theory that petitioners offered for why the USPTO's discretionary denial of inter partes review should be subject to judicial oversight. The petitioners included major technology companies (Intel, Tesla), a Chinese communications firm (Kangxi Communication Technologies), an education technology company (Kahoot!), and a startup founded by the very inventors of the patents it sought to challenge (Tessell)."

"Each presented a different factual scenario and a different legal theory. None succeeded."

Between February 24 and 27, 2026, the Federal Circuit issued five nonprecedential orders rejecting mandamus petitions that challenged the USPTO's discretionary decisions to deny inter partes review. The petitioners represented diverse interests: major technology companies including Intel and Tesla, a Chinese communications firm (Kangxi Communication Technologies), an education technology company (Kahoot!), and a startup founded by patent inventors (Tessell). Each case presented distinct factual circumstances and different legal theories supporting judicial review of the USPTO's IPR denial decisions. Despite the varied approaches and high-profile petitioners, the Federal Circuit rejected every theory presented, consistently affirming that the USPTO's discretionary denial of inter partes review remains outside the scope of judicial oversight through mandamus relief.

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