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In opposing SAP petition, USPTO leans heavily on AIA discretion

By Melissa Ritti ( July 21, 2025, 18:15 GMT | Comment) -- An SAP America bid for mandamus could require a US appellate court to reconcile the presumption against retroactivity articulated by the US Supreme Court in 1996 with a holding more than two decades later that decisions on whether to institute inter partes review are final and non-appealable.The US Court of Appeals for the Federal Circuit is again being asked to clarify the limits — or lack thereof — on the US Patent and Trademark Office’s ability to turn away patentability challenges under Section 314(d) of the America Invents Act....

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