by Dennis Crouch
Acting Director Coke Morgan Stewart has been incredibly active in reshaping the PTAB's approach to IPR discretionary denials. This post focuses on her newly implemented "settled expectations" doctrine that treats patent age as a primary factor for denying institution. This new framework was formalized in the March 26, 2025 "Interim Process for PTAB Workload Management" memorandum and subsequently applied in a series of Director Discretionary Denial decisions in June 2025. The doctrine creates a temporal shield for older patents and calls forth some interesting parallels to existing doctrine, including laches and trademark incontestability.
To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.