Settled Expectations Insufficient To Prevent IPR Review, PTAB Litigation Blog
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On September 4, 2025, the USPTO’s Acting Director declined H2 Intellect LLC’s request for discretionary denial of an IPR petition filed by Home Depot U.S.A., Inc. Central to the decision was the PTAB’s analysis of “settled expectations”—the idea that a patent owner’s long-standing rights may weigh against institution of review.
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