Short Summary
Samsung seeks Director review of a PTAB decision that denied institution of its IPRs, arguing that the USPTO’s retroactive rescission of the Vidal Memo violated due process and the APA, and that the Board ignored Samsung’s timely Sotera stipulation.
Detailed Summary
In a petition for Director rehearing and review, Samsung Electronics challenges the PTAB’s discretionary denial of institution for its inter‑partes review petitions covering U.S. Patent No. 8,886,181. Samsung contends that the USPTO’s abrupt rescission of the Vidal Memo—guidance that had assured petitioners that a timely Sotera stipulation would shield them from discretionary denial—was applied retroactively, violating the Fifth Amendment’s due‑process clause and the Administrative Procedure Act. The petition further argues that the Board failed to consider Samsung’s Sotera stipulation, contrary to both the former Vidal Memo and the newer Boalick Memo, and therefore erred in denying institution. Samsung requests that the Director overturn the denial, reinstate the petitions, and refer them to a merits panel.
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 Vasu Holdings, LLC is valuable context for structuring arguments or assessing risk in similar proceedings.
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