Licensing Considerations in Informative Discretionary Denial Decisions, PTAB Litigation Blog
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On January 9, the USPTO designated as informational two recent Director decisions involving licensing activities, highlighting the evolving nature of “settled expectations” in discretionary denial determinations. The decisions—Apple Inc. v. Allani (IPR2025-00856) and Alliance Laundry Systems v. PayRange (IPR2025-00950)—reached opposite outcomes, but both demonstrate how licensing-related factors can significantly influence whether the Director exercises discretion to deny institution.
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