The Federal Circuit scrutinizes the USPTO's extensive discretionary authority regarding Inter Partes Review (IPR) petitions. Current issues stem from Acting Director Stewart's decision to rescind Director Vidal's 2022 memo, which delineated safe harbors for IPR petitions. This change is viewed by SAP as a retroactive policy shift that infringes upon due process rights and administrative bounds. The recent developments included opposing briefs to a mandamus petition filed by SAP. The dispute fundamentally revolves around the Fintiv framework governing discretionary denials, with significant implications for petitioners and the interpretation of IPR processes.
The Federal Circuit is examining the USPTO's authority to deny IPR petitions, especially following the Director Stewart's actions that rescinded the 2022 Vidal Memo.
SAP argues that the reversal of the 2022 Vidal Memo constitutes an unlawful retroactive policy shift and exceeds administrative authority, also violating due process.
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