Settled Expectations with Prior Patent Owner Dooms Request for Discretionary Denial of IPR Petitions

The USPTO Director denied a patent owner’s request for discretionary denial of two inter partes review (IPR) petitions, citing the petitioner’s “well-settled expectation” that it would not be accused of infringing the two challenged patents. The Director’s conclusion was based on the petitioner’s decade-long business relationship with the original owner of the challenged patents.... By: Akin Gump Strauss Hauer & Feld LLP