by Dennis Crouch
The Federal Circuit is now confronting a second major mandamus petition challenging the USPTO's major changes with regard to its approach to discretionary denials in inter partes review proceedings. In re Motorola Solutions, Inc., No. 25-134 (Fed. Cir. 2025). Motorola presents an even more procedurally compelling challenge to Acting Director Stewart's retroactive system changes than the earlier In re SAP petition I discussed previously. While both cases attack the same underlying agency action, Motorola's petition benefits from having actually obtained PTAB institution decisions before they were subsequently vacated, creating a more concrete harm from the retroactive policy change.
- In re_ Motorola Solutions, Inc. - mandamus petition
- In re_ Motorola Solutions, Inc. - Unified amicus
- In re_ Motorola Solutions, Inc. - CCIA amicus
- In re_ Motorola Solutions, Inc. - US*MADE amicus
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Dennis Crouch, SAP’s Mandamus Petition Challenging Trump Admin's Discretionary Denial Policy Shift, Patently-O (July 10, 2025).
Responsive briefs are due July 14 in SAP and July 21 in Motorola.
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