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SAP raises concerns about retroactivity in appeal of US PTAB denial policy

By Nick Robertson ( June 17, 2025, 20:50 GMT | Insight) -- SAP America is the first company to challenge the Patent Trial and Appeal Board’s discretionary denial policy as unconstitutionally retroactive before the US Court of Appeals for the Federal Circuit. SAP filed petitions for writs of mandamus yesterday related to two of its petitions for inter partes review. While multiple parties have shared concerns over retroactivity, SAP is the first to take the issue to court.SAP America petitioned the US Court of Appeals for the Federal Circuit yesterday to challenge the US Patent and Trademark Office acting director’s application of a new discretionary denial policy at the Patent Trial and Appeal Board. The company argued the policy is unconstitutionally retroactive, echoing concerns raised by some patent practitioners and complaints directed to the acting director herself....

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