Short Summary
Samsung seeks Director Review of a USPTO discretionary denial of its IPRs against iCashe’s patent. iCashe argues the Director acted properly under established memos and statutes, and that Samsung’s due‑process claims fail. The patent owner requests denial of the review.
Detailed Summary
In IPR2025-00640, Samsung Electronics and its affiliate filed a request for Director Review after the USPTO Director denied institution of seven inter‑partes review petitions covering iCashe’s U.S. Patent No. 9,483,722. iCashe, represented by Cyrus A. Morton of Robins Kaplan, submitted an authorized response contending that the Director correctly rescinded the Vidal Memo, issued the Boalick and Stewart memoranda, and applied the Sotera stipulation and settled‑expectations factor in accordance with 35 U.S.C. § 314 and established case law. The patent owner maintains that the memoranda are general statements of policy exempt from notice‑and‑comment, that no due‑process or APA violations occurred, and that Samsung’s arguments lack merit. Consequently, iCashe urges the Board to deny Samsung’s request for Director Review.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in SAMSUNG ELECTRONICS CO., LTD. et al. vs iCashe, Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
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