"The Federal Circuit is still sitting on a trio of related mandamus petitions asking the Court to step-in against the USPTO's 2025 up-ramp of discretionary denial practice. In re SAP America, Inc., No. 25‑132 and 25-133 (petition filed Jun 16, 2025; briefing complete); In re Motorola Solutions, Inc., No. 25‑134 (petition filed June 23, 2025; briefing complete); and"
"In re Google LLC, No. 25‑144 (petition filed August 18, 2025; briefing is ongoing). In the early days, the USPTO granted very few discretionary denials. Those expanded somewhat under Director Iancu (Trump-I); then retracted somewhat under Director Vidal (Biden). Acting Director Stewart (Trump-II) has blown past Dir. Iancu in her approach, greatly expanding the use of discretionary denials."
Three related mandamus petitions seek Federal Circuit intervention to challenge the USPTO's 2025 increase in discretionary denials. The petitions are In re SAP America, Inc., No. 25-132 and 25-133 (filed June 16, 2025; briefing complete), In re Motorola Solutions, Inc., No. 25-134 (filed June 23, 2025; briefing complete), and In re Google LLC, No. 25-144 (filed August 18, 2025; briefing ongoing). The USPTO historically granted few discretionary denials, expanded them under Director Iancu, retracted them under Director Vidal, and greatly expanded them under Acting Director Stewart, who has exceeded prior expansion levels.
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