Patent Office Refuses Review After Citing Controversial Standard

The US Patent and Trademark Office won’t review a decision that shot down a challenge to medical device patents, because it was brought too late.

Acting director Coke Stewart denied iRhythm Technologies Inc.'s director review request after she nixed its patent challenge based on “settled expectations,” a new factor introduced by PTO leadership in March to deny challenges brought to the Patent Trial and Appeal Board.

The discretionary denial decision in June found that iRhythm was aware of one of Welch Allyn Inc.'s patents it was trying to invalidate as early as 2013, but waited over a decade to challenge ...