Federal Circuit Denies Mandamus Relief for USPTO Director's De-Institution of IPRs


In In re Motorola Solutions, Inc., the US Court of Appeals for the Federal Circuit denied Motorola’s petition for a writ of mandamus ordering the USPTO to resume inter partes reviews (IPRs) that were de-instituted following a change in USPTO internal guidance concerning the criteria for IPR denials. In denying the petition, the Court rejected Motorola’s arguments that de-institution violated due process and found Motorola’s challenges based on the Administrative Procedure Act (APA) were not available on mandamus.

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