Federal Circuit Denies Mandamus Petition Challenging the PTO Director’s Application of ‘Settled Expectations’ in IPR Proceedings

December 9, 2025 Federal Circuit, Patent Trial & Appeal Board, IPRs, Patent Infringement

The Federal Circuit recently denied a petition for a writ of mandamus that challenged the PTO Director’s reliance on “settled expectations” to discretionarily deny two inter partes review (IPR) petitions. In so doing, the court explained that, while it was not deciding whether the Director’s use of “settled expectations” was correct, the petitioner’s arguments about what factors the Director may consider when deciding whether to institute an IPR or post-grant review (PGR) are not generally reviewable and did not provide sufficient basis for mandamus review here.

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