Amici Urge Supreme Court to Curb USPTO's 'Settled Expectations' IPR Doctrine

The U.S. Supreme Court is being asked to weigh in on a Patent and Trademark Office doctrine that lets the agency deny inter partes review requests when petitioners allegedly act on 'settled expectations.' In July, Kahoot AS! filed a petition for certiorari challenging whether that doctrine is legally permissible under the patent laws.

Several amici have now filed briefs urging the justices to take the case and rein in the USPTO's approach. They argue that the 'settled expectations' doctrine creates a barrier to IPR that Congress did not authorize. Inter partes review is a key post-grant process for challenging patent validity, so the scope of the agency's discretion to refuse review has significant consequences for litigants and the patent system.

The Court has not announced whether it will hear the case. If it does, the decision could clarify the limits of the USPTO's authority to shape IPR procedures beyond the statutory text.