Askeladden Urges Supreme Court to Review USPTO Discretion Over IPR Proceedings

Amicus brief argues Federal Circuit ruling improperly shields USPTO policies governing inter partes review from judicial review.

For Immediate Release

Date: August 19, 2026

Contact: Press@patentqualityinitiative.com

New York, NY – Askeladden L.L.C. filed an amicus curiae brief with the U.S. Supreme Court in support of Intel Corporation and Google LLC, urging the Court to grant their petition for certiorari and review whether extra-statutory U.S. Patent and Trademark Office (USPTO) policies governing inter partes review (IPR) may be insulated from judicial review.

Askeladden argues that the Federal Circuit’s decision improperly places the USPTO’s use of the Fintiv rule beyond judicial review. According to the brief, the rule permits the USPTO to deny otherwise timely IPR petitions based on anticipated developments in parallel district court litigation, effectively restricting the one-year period Congress established for accused infringers to seek IPR.

The brief emphasizes that access to meaningful IPR review is particularly important to the financial services industry, where challenged technologies may involve banks, payment networks, processors, software providers and other participants. Askeladden argues that effective review of patent validity helps prevent questionable patents from imposing recurring costs across interconnected industries. Askeladden further argues that the Federal Circuit’s ruling has implications beyond the patent system because it could allow agencies to adopt policies affecting statutory rights while placing those policies beyond judicial scrutiny. The brief urges the Supreme Court to grant review and preserve the courts’ role in determining the legal boundaries of agency authority.

Kilpatrick Townsend & Stockton LLP filed the amicus brief on behalf of Askeladden.

About the Patent Quality Initiative

Askeladden L.L.C. is an education, information and advocacy organization dedicated to improving the understanding, use and reliability of patents in financial services and other industries. Through its Patent Quality Initiative, Askeladden strives to improve patent quality and address questionable patent holder behaviors.