The Federal Circuit is currently reviewing a second significant mandamus petition challenging the U.S. Patent and Trademark Office's (USPTO) sweeping changes regarding discretionary denials in inter partes review (IPR) proceedings. The case, In re Motorola Solutions, Inc., No. 25-134 (Fed. Cir. 2025), presents a particularly compelling challenge to Acting Director Stewart's retroactive policy alterations, more so than the earlier In re SAP petition, which I previously discussed.
While both cases target the same fundamental change in agency action, Motorola’s petition stands out due to the fact that it had already secured PTAB institution decisions before those decisions were later vacated as a result of the new policy. This creates a more concrete and tangible harm, emphasizing the impact of the retroactive policy shift.
In the ongoing litigation, responsive briefs for SAP are due by July 14, and for Motorola, by July 21.