Nov. 6, 2025 In three nonprecedential orders issued today, the U.S. Court of Appeals for the Federal Circuit denied mandamus relief for petitioners challenging the Patent Trial and Appeal Board’s (PTAB) discretionary denials of inter partes review (IPR) petitions. These decisions—arising from parallel district court litigation and the recent rescission of interim guidance on IPR institution—underscore the Federal Circuit’s reluctance to second-guess the U.S. Patent and Trademark Office’s (PTO) discretion under 35 U.S.C. § 314(d). All three…
Read more: Federal Circuit Denies Mandamus in Three IPR Institution Challenges: Deference to PTAB Discretion