USPTO’s “Settled Expectations” Approach Sparks Debate in Patent Litigations
Recent developments from the U.S. Patent and Trademark Office (USPTO) have brought the doctrine of “settled expectations” into sharp focus. The acting director, Coke Morgan Stewart, has discretionarily denied several motions for inter partes review (IPR), invoking the reasoning that a patent owner accrues certain settled expectations when a patent has been active for six…