None
EN
Petitioners Target PTAB’s Discretionary Denials with Federal Circuit Mandamus Petitions
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Recent Contributors to The National Law Review
Ct. for D.C., 542 U.S. 367 (2004), mandamus standard, outcomes could affect IPR viability amid a reported surge in denials since the guidance shift.
Petitioners assert that the memos constituted binding agency policy, which the April 2025 guidance upended without notice-and-comment rulemaking.
The petition frames the guidance withdrawal as an APA violation, seeking mandamus to compel institution and avert irreparable harm from unreviewable enforcement.
The next two mandamus petitions, HighLevel and SanDisk, diverge from the prior cases in that they relate to specific substantive issues.
25-152, filed September 17, 2025): Titled “Mandamus on Settled Expectations,” this petition challenges denials in IPR2025-00515, -00516, and -00517 against Polaris PowerLED patents.
['circuit'
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'memos'
'discretionary'
'2025'
'ptabs'
'mandamus'
'federal'
'institution'
'petitioners'
'western'
'guidance'
'filed'
'petitions'
'denials']