FRL secured a significant win today for client Longhorn Automotive Group LLC at the U.S. Court of Appeals for the Federal Circuit, which denied a petition sought by Volkswagen Group of America, Inc.
Volkswagen challenged the USPTO Director’s discretionary denial and “settled expectations” practices, alleging that the office violated the nondelegation doctrine. The Federal Circuit agreed with FRL and found that the director’s decision whether to institute IPR proceedings is an exercise of executive—not legislative—power, raising no constitutional concern.
Read more about the win in Law360 here (login required).