Stewart Grants Request to Deny IPR Institution Due to Patent Owner's 'Settled Expectations'

"Petitioner's awareness of Patent Owner's applications and failure to seek early review of the patents favors denial and outweighs the above-discussed considerations."

"Although a number of factors weighed against granting denial, discretionary denial was still warranted."

"The Director will exercise her discretion under 35 U.S.C. 314(a) and 324(a) to determine whether discretionary denial is appropriate for any petition for IPR or post-grant review."

"The projected final written decision due date in the PTAB proceedings was a key consideration in the discretionary denial process."

The U.S. Patent and Trademark Office's Acting Director, Coke Morgan Stewart, denied five inter partes reviews initiated by iRhythm Technologies against Welch Allyn. The decision was influenced by the petitioner's awareness of the patents and failure to seek timely review. Although several factors favored granting the reviews, the settled expectations of the patent owner and the petitioner's delay were deemed more significant. This decision aligns with the Director's discretionary authority under the Interim Processes for PTAB Workload Management guidance.

Read at IPWatchdog.com | Patents & Intellectual Property Law