iRhythm Technologies, Inc. filed a petition for Director Review following a denial from Acting Director Coke Morgan Stewart regarding five inter partes reviews against Welch Allyn, Inc. Stewart denied the institution of these reviews due to the petitioner's failure to challenge the patent earlier, which led to settled expectations for the patent owner. Welch Allyn highlighted the early awareness and lack of timely action by iRhythm as a key argument. The decision has raised concerns within the patent community.
"[iRhythm] never commercialized nor asserted [its patents] and now seeks simply to tax the commercial market it watched iRhythm build through millions of dollars of investment."
"Settled expectations of the parties, such as the length of time the claims have been in force."
"on its face, there is nothing suggesting that only patent owners can have settled expectations."
"Petitioner's awareness of Patent Owner's applications and failure to seek early review of the patents favors denial and outweighs the above-discussed considerations."
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