1. “Whether the USPTO violated the APA and AIA by imposing limitations on IPR institution without notice-and-comment rulemaking, including:”
a. “Applying the new ‘settled expectations’ rule without authority or reasoned decision making; and”
b. “Applying the new ‘road mapping’ rule without authority or reasoned decision making;”
2. “Whether the USPTO violated due process by unlawfully applying a new bar to IPR2025-00958; and”
3. “Whether the USPTO exceeded its authority—in violation of the APA and the Constitution’s separation of powers—by inventing IPR institution criteria untethered to the AIA.”
“Upon consideration of Maplebear Inc.’s unopposed motion to dismiss its petition for a writ of mandamus . . . IT IS ORDERED THAT: [the motion] is granted to the extent that the petition is dismissed.”
