SIIA Joins Amicus Brief Urging Review of USPTO’s “Settled Expectations” Rule

The Software & Information Industry Association (SIIA), along with several leading trade and industry groups, submitted an amicus brief to the U.S. Court of Appeals for the Federal Circuit in In re Cambridge Industries, Inc. The brief supports a petition challenging the U.S. Patent and Trademark Office's (USPTO) new "settled expectations" rule, which has led to the discretionary denial of numerous inter partes review (IPR) petitions.

The amici argue that the USPTO's rule is irrational, inconsistent with the statutory framework established by the America Invents Act (AIA), and lacks adequate explanation or transparency in decision-making. The brief calls on the Court to ensure the USPTO complies with its own regulations and provides reasoned decisions in its IPR institution process.