The Federal Circuit is addressing a second mandamus petition concerning the USPTO's changes to its approach toward discretionary denials in inter partes review. The case, In re Motorola Solutions, Inc., presents a stronger procedural challenge than the earlier In re SAP petition. Motorola's petition stands out as it obtained actual PTAB institution decisions before those decisions were vacated due to the policy change. This creates a concrete harm resulting from the retroactive application of the USPTO's altered policies. Responsive briefs are required by July 14 for SAP and July 21 for Motorola.
The Federal Circuit is now facing a significant mandamus petition questioning the USPTO's recent changes regarding discretionary denials in inter partes review.
Motorola's petition presents a more compelling procedural challenge than In re SAP by having received PTAB institution decisions that were later vacated.
Both cases target the same agency actions, but Motorola's situation highlights a concrete harm due to the retroactive nature of policy changes.
Responsive briefs for the SAP case are due on July 14 and for Motorola on July 21.
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