Amici Urge Supreme Court to Limit USPTO's 'Settled Expectations' Doctrine

WISECODE Take

Many business owners believe that once a U.S. patent is granted, its validity is secure for 20 years. However, the USPTO has recently denied Inter Partes Review (IPR) petitions simply because a patent has been active for years, citing the patentee's "settled expectations." This issue escalated in September 2026 when Kahoot AS! petitioned the Supreme Court after its IPR challenge against Interstellar Inc.’s U.S. Patent No. 10,339,825 was denied because the patent had been active for over six years. For foreign businesses in the U.S., this means challenging older competitor patents may become harder, though it does not affect those without U.S. market presence. We recommend regular patent portfolio audits to address threats early. First, conduct early U.S. patent searches to challenge threats during their initial post-grant phase. Second, if facing older patents, prepare alternative invalidity pathways in district courts to mitigate IPR denial risks. A patent's strength should rely on its technical merit, not obtain immunity from challenges simply by growing older.