SIIA Joins Amicus Brief Challenging USPTO’s “Settled Expectations” Rule

The Software and Information Industry Association (SIIA), alongside six leading trade associations, submitted an amicus brief to the U.S. Court of Appeals for the Federal Circuit in In re Sandisk Technologies, Inc. and Western Digital Technologies, Inc. The brief urges the court to address the U.S. Patent and Trademark Office's new "settled expectations" rule, arguing it is irrational, retroactive, and inconsistent with the America Invents Act.

The amici contend that the USPTO cannot disregard statutory requirements or avoid explaining its Patent Trial and Appeal Board (PTAB) institution decisions. The brief underscores that fair, transparent, and predictable PTAB procedures are vital for innovators, manufacturers, retailers, and technology companies alike.