Motorola Ruling Solidifies Discretionary Authority Of USPTO, Law360

Partner Dion Bregman and associate Theodore Rand authored an Expert Analysis article for Law360 about a recent decision from the US Court of Appeals for the Federal Circuit that solidifies the discretionary authority of the US Patent and Trademark Office (USPTO) director over inter partes review institution decisions, underscores the limited scope of judicial review, and clarifies the boundaries of due process and Administrative Procedure Act (APA) claims in the context of shifting USPTO guidance.

The authors provide a background of the In re: Motorola Solutions Inc. matter and the Fintiv factors established in Apple Inc. v. Finitv Inc. that were central to the dispute. The article also reviews the mandamus standard, Motorola’s due process and APA claims, and the role of interim guidance in the court’s decision. The authors conclude with a discussion of implications for practitioners and future challenges.

Read the full Law360 article >>