by Dennis Crouch
Three new mandamus petitions recently arrived at the Federal Circuit, each attempting to navigate around the court's November 6 decisions that rejected challenges to the USPTO's expanded use of discretionary denials.
- In re Google LLC (No. 26-111),
- In re Intel Corporation and Lenovo (No. 26-113), and
- In re Kangxi Communication Technologies (No. 26-115)
The new petitions raise arguments their counsel contend are distinct from those already rejected in In re Motorola Solutions, Inc., No. 2025-134 (Fed. Cir. Nov. 6, 2025) (precedential). The petitions challenge both the "settled expectations" rule and parallel proceeding denials, while advancing novel theories designed to overcome the § 314(d) bar that has proved insurmountable for prior petitioners. Whether these distinctions carry legal weight remains to be seen, but the filings reflect a coordinated effort to keep pressure on the Federal Circuit as Director John Squires continues to deny IPR institution at a 0% rate.
Since assuming personal control of all IPR institution decisions in October 2025, Director Squires has denied every petition reaching his desk, now totaling 91 consecutive denials. These summary notices contain no reasoning or analysis, listing only IPR numbers alongside the statement institution "is denied." The practice stands in stark contrast to the PTAB's historic institution rate of approximately 67%. Meanwhile, the USPTO's proposed rulemaking (comments due December 2, 2025) would codify categorical bars to IPR institution without addressing the "settled expectations" doctrine or the practice of no-explanation denials. (Note that these new petitions are all based upon actions by Acting Dir. Stewart, the Squires-prompted petitioners are coming next month).
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