Groups Again Push Fed. Circ. To Eye ‘Settled Expectations’

By Editorial Team

A recent petition challenging the U.S. Patent and Trademark Office’s use of “settled expectations” based on a patent’s age to deny reviews has garnered support from various industry groups. These groups have expressed concerns to the Federal Circuit, stating that the policy could lead to “severe damage” to the patent system.

The petition has attracted attention from organizations such as ACT, Alliance for Automotive Innovation, Google LLC, National Retail Federation Inc., and The Software & Information Industry Association. These groups believe that the current approach adopted by the USPTO could have far-reaching negative implications.

The case involves Patent No. 10,339,825, titled “System and method for on-line academic competition.” The issue at hand revolves around the USPTO’s reliance on a patent’s age to determine whether to grant reviews, which the petitioners argue is arbitrary and could undermine the integrity of the patent system.

Legal firms involved in the case include CM Law PLLC and Paul Hastings. The matter is currently before the U.S. Court of Appeals for the Federal Circuit, with the USPTO also being a party to the proceedings.

Industry experts and legal analysts are closely monitoring the developments in this case, as it could potentially set a precedent for how the USPTO handles patent reviews based on a patent’s age and the concept of “settled expectations.”

For more detailed information on this case, including the petition and amicus briefs filed, interested parties can access the related documents attached to the article.