Several parties support SAP America's petition against the USPTO's rescission of Kathi Vidal’s guidance on discretionary denial. The petition seeks to compel the USPTO to apply previously established binding agency guidance to pending petitions and to avoid pressuring petitioners into forfeiting valid claims. SAP filed IPR petitions against Cyandia, Inc.’s patents in October 2024 and agreed not to pursue certain invalidity grounds in district court. USPTO Acting Director rescinded the Vidal memo which delineated criteria for not denying institution of IPR or PGR under specific circumstances.
"In many instances... discretionary power is the only legal mechanism that can prevent the abusive use of IPRs by large infringers to suppress inventors and small companies and to discourage the enforcement of their patents."
"SAP filed a petition for a writ of mandamus with the U.S. Court of Appeals for the Federal Circuit in June seeking to compel the USPTO to apply its June 21, 2022, 'binding agency guidance' to SAP's petitions..."
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