"Justice Gorsuch's dissent in Thryv, Inc. v. Click-To-Call Technologies cautioned that an expansive reading of 35 U.S.C. § 314(d) could allow the PTO Director to insulate preferred firms from inter partes review entirely."
"Google's petition for certiorari in Google LLC v. VirtaMove, Corp. raises critical questions about the PTO's authority to deny IPR based on a patent's age and the implications for judicial review."
"The PTO denied Google's IPR petition solely on the basis that the patent had been in force for over 14 years, invoking the 'settled expectations' doctrine without considering other factors."
"The 'settled expectations' doctrine presumes that patents in force for six or more years create reliance interests for patent owners, impacting the institution of inter partes review."
In Thryv, Inc. v. Click-To-Call Technologies, Justice Gorsuch warned against broad interpretations of 35 U.S.C. § 314(d). Google argues this warning is now a reality in its petition for certiorari regarding the Federal Circuit's denial of mandamus. The petition questions the PTO's authority to deny IPR based on a patentee's 'settled expectations' after six years and whether Article III courts can review such denials. The PTO denied Google's IPR petition on the grounds of the patent's age, citing reliance interests in its validity.
Read at Patently-O
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