Acting USPTO Director Coke Morgan Stewart recently vacated the PTAB's decision to institute inter partes reviews in the case of Motorola Solutions, Inc. v. Stellar, LLC. This decision indicates a more rigorous application of the Fintiv factors, potentially leading to more frequent discretionary denials of IPR petitions. Motorola's late filing of IPR petitions, nearly a year after Stellar's lawsuit, raises questions about the appropriateness of pursuing IPR at this stage, especially with a trial set to begin in July 2025 following previous court proceedings.
Director Review by Acting USPTO Director Stewart emphasizes a more aggressive application of Fintiv factors, suggesting a trend towards denying inter partes reviews based on circumstances of the case.
By waiting 11 months to file IPR petitions, Motorola's actions might appear to undermine the intent behind the IPR process, which typically favors expediency.
With a jury trial scheduled for July 2025, the urgency and progress of the court proceedings suggest that delaying the IPR may only add complexity to the case.
As seen in this case, the intersection of IPRs and ongoing litigation can lead to significant discretion exercised by the USPTO, reflecting a shift in patent dispute strategies.
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