Partner Alexander Stein and associates Theodore Rand and Liya Levin co-authored a Law360 Expert Analysis article discussing recent decisions by the US Patent and Trademark Office that clarify how a new “settled expectations” factor is being applied when deciding whether to institute inter partes review (IPR) of patents.
The authors outline several cases that illustrate when settled expectations may or may not prevent IPR, noting that no bright-line rule exists yet, but certain patterns are emerging. The article concludes with additional takeaways to help inform patent practice considerations.