Case: Patents/Procedure (Fed. Cir.)

The Federal Circuit denied Sandisk Technologies Inc. and Western Digital Technologies Inc.'s motion for a writ of mandamus to vacate and direct the PTO to reconsider its non-institution decisions of Polaris PowerLED Technologies LLC’s patents related to flash memory systems. The court found that Sandisk and Western failed to identify the kind of property rights or retroactivity concerns that might give rise to a colorable constitutional claim, and their non-constitutional challenges to the PTO’s decision not to institute inter partes review didn’t establish a clear and indisputable right to relief.