Google LLC and Samsung Electronics Co., Ltd. today requested that the U.S. Court of Appeals for the Federal Circuit reject the U.S. Patent and Trademark Office’s (USPTO) acting director’s motion for an extension in addressing their challenge to her discretionary denial practices.
The tech companies argued that Acting Director Coke Morgan Stewart failed to justify the USPTO’s request to quadruple the time allowed to respond to Google and Samsung’s joint mandamus petition. The Federal Circuit’s current deadline is set for September 2, while the USPTO has sought to extend it to October 2, citing “very heavy workloads” at the Department of Justice.
Google and Samsung countered that the reasoning is insufficient, noting that the government has already briefed two similar mandamus proceedings, filed by SAP America and Motorola. “Petitioners do not question that there are complications involved in internal government review,” their response states. “With two separate parties represented by separate counsel, petitioners face similar complications.”
All three petitions challenge the acting director’s updated Fintiv policy, which considers parallel litigation when deciding whether to deny a petition, and its application to cases already pending. Google and Samsung emphasized that delays in the case could allow other proceedings to move forward without their arguments considered.
The companies offered a compromise, suggesting an extension for the government until September 26. If the court grants the full extension, Google and Samsung requested additional time to file their reply. The Federal Circuit also directed Cerence Operating Co., whose patents are at issue, to respond to the petition.
The patents in question are U.S. Patent Nos. 11,393,461 and 11,087,750. Google is represented by Nathan K. Kelley, Jonathan I. Tietz, and Andrew T. Dufresne of Perkins Coie LLP, while Samsung is represented by Ali R. Sharifahmadian of Arnold & Porter Kaye Scholer LLP. The USPTO is represented internally by Amy J. Nelson, Robert J. McManus, Peter J. Sawert, and Fahd H. Patel.
