In Re Motorola Solutions, Inc (Fed. Cir., November 6, 2025) 2025-134

This episode is about a judicial order from the United States Court of Appeals for the Federal Circuit dated November 6, 2025, concerning the case In Re MOTOROLA SOLUTIONS, INC. The court addresses Motorola Solutions' Petition for Writ of Mandamus against the United States Patent and Trademark Office (PTO) following the PTO's de-institution of several inter partes reviews (IPRs) involving patents held by Stellar, LLC. The core of the dispute involves the Acting Director's rescission of prior guidance, known as the Vidal Memorandum, which related to the discretionary denial of IPRs based on parallel district court litigation using the Fintiv factors and the consideration of Sotera stipulations. Motorola argued that the rescission and its application violated the Administrative Procedure Act (APA) and the Due Process Clause, but the court ultimately denied the petition, finding that judicial review of the institution decisions is generally barred and that Motorola failed to establish a clear right to relief.

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