"Two additional mandamus petitions have joined the Federal Circuit's growing docket challenging the USPTO's 2025 shift toward more restrictive inter partes review (IPR) institution practices under President Trump, bringing the total to five pending cases that collectively test the boundaries of appellate review under 35 U.S.C. § 314(d). The newest petitions are In re HighLevel, Inc. (No. 25-148) and In re SanDisk Technologies, Inc. (No. 25-152)."
"Both challenge Director Stewart expanded discretionary denial approach that rescinded the Vidal memo that petitioners had previously relied upon. HighLevel challenges the USPTO's categorical use of § 101 district court rulings to deny IPR institution for §§ 102/103 challenges, while SanDisk attacks the agency's invocation of "settled expectations" and resource management concerns to deny institution despite litigation stays and Sotera stipulations limiting claim scope overlap."
Two recent mandamus petitions, In re HighLevel, Inc. (No. 25-148) and In re SanDisk Technologies, Inc. (No. 25-152), join three earlier petitions to make five total challenges at the Federal Circuit. The petitions contest Director Stewart’s expanded discretionary-denial policy that rescinded the Vidal memo and narrowed IPR institution practices beginning in 2025. HighLevel objects to categorical reliance on § 101 district court rulings to deny IPR institution for §§ 102/103 challenges. SanDisk objects to denials based on “settled expectations” and resource-management concerns despite litigation stays and Sotera stipulations limiting claim overlap. The Federal Circuit has requested responses to the petitions.
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