Iancu

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 8 APPLE INC., et al., Case No. 5:20-cv-06128-EJD

Plaintiffs, ORDER GRANTING MOTION TO

DISMISS; TERMINATING MOTION

v. FOR SUMMARY JUDGMENT

ANDREI IANCU, Re: Dkt. Nos. 64, 65 Defendant.

Under the Leahy-Smith America Invents Act (“AIA”), 35 U.S.C. § 100 et seq., a party may ask the U.S. Patent and Trademark Office (“the PTO”) to review and potentially cancel claims in an already-issued patent that the PTO finds to be unpatentable in light of prior art. See 35 U.S.C. §§ 102, 103. This process, called “inter partes review” (“IPR”), is widely used to determine the patentability of patent claims that are the subject of pending patent infringement litigation. Plaintiffs challenge two PTO decisions that establish non-exclusive factors to aid in the PTO’s determination of whether to institute IPR and argue that these decisions violate the Administrative Procedure Act (“APA”) because they are…