The U.S. Supreme Court on Monday declined to hear a challenge from Alphabet's Google. Google contested a U.S. Patent and Trademark Office (USPTO) policy limiting patent reviews.
The case focused on the USPTO's discretion to deny inter partes review (IPR) petitions. This discretion applies particularly to patents in force for over six years. The policy rests on the idea of "settled expectations."
Google and other tech companies argued the policy unfairly shields older, potentially invalid patents. They contended this creates unnecessary litigation risks and costs.
The appeal's rejection leaves current patent review standards in place. The Patent Trial and Appeal Board can continue to deny review petitions. Denials can occur based on a patent's age or a parallel federal court infringement case. This outcome represents a setback for tech firms, which frequently use the IPR process to challenge patent validity.