Intellectual Property News and Reports

Palo Alto Networks, Inc. (“PAN”) petitions for a writ of mandamus to compel the United States Patent and Trademark Office (“USPTO”) to accept and consider its Requests for Director Rehearing of decisions denying institution of inter partes review (“IPR”) and post grant review (“PGR”) for patents owned by Centripetal Networks, Inc. (“Centripetal”). PAN argues that the Director’s current policy of refusing to accept such requests is contrary to the Appointments Clause of the U.S. Constitution, Art. II, § 2, cl. 2, as interpreted by the Supreme Court in United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021). The USPTO and Centripetal oppose, and oral argument was held on June 21, 2022.

We deny the petition, concluding that there has been no violation of the Appointments Clause.

Download In Re Palo Alto Networks Inc.