Monday, November 02, 2015

The significance of a denial of an IPR petition

In a thread at PatentlyO on the WARF v. Apple case [and inferences to be made from the USPTO denial of Apple's IPR petition], one has comments

The USPTO has finite resources to place on IPRs, and there is no review of petition denial. There is a lot of discretion here.

Note the IPWatchdog post titled –With dubious logic and inaccurate statements of law, PTAB denies another Kyle Bass IPR petition — including the text — Thus, I have to wonder whether this decision has more to do with Kyle Bass than with the law. —

[followed by]

I do not think that “discretion” is allowed to rise to the level of “arbitrary and capricious.”

The points you share about what others are complaining about go to the illegality of the Office’s actions.

Are you to saying that the Office is acting illegally?

One notes that the AIA makes the denial of an IPR petition non-reviewable. There is no illegality associated with the denial of any IPR petition. The power is with the USPTO to regulate its resources.

The link to PatentlyO:


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