Coke Morgan Stewart has reshaped PTAB's approach to IPR discretionary denials with the 'settled expectations' doctrine. This doctrine considers the age of patents as a primary factor for denying institution, offering a temporal shield for older patents. Introduced in the March 26, 2025 memorandum on PTAB workload management, this new framework has been applied in several director discretionary denial decisions in June 2025. The doctrine draws interesting parallels to established legal concepts such as laches and trademark incontestability.
Morgan Stewart has implemented the 'settled expectations' doctrine, emphasizing that the age of patents plays a crucial role in the decision to deny institution of IPR.
The 'settled expectations' doctrine shields older patents by prioritizing their age when evaluating discretionary denials for institution under IPR, a significant shift in PTAB's approach.
The new framework, formalized in a memorandum on March 26, 2025, highlights the importance of patent age, akin to concepts like laches and trademark incontestability.
The recent changes in PTAB's approach include decisions made in June 2025, reflecting the operationalization of the 'settled expectations' doctrine.
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