No Result
View All Result
SUBMIT YOUR ARTICLES
  • Login
Thursday, October 9, 2025
TheAdviserMagazine.com
  • Home
  • Financial Planning
    • Financial Planning
    • Personal Finance
  • Market Research
    • Business
    • Investing
    • Money
    • Economy
    • Markets
    • Stocks
    • Trading
  • 401k Plans
  • College
  • IRS & Taxes
  • Estate Plans
  • Social Security
  • Medicare
  • Legal
  • Home
  • Financial Planning
    • Financial Planning
    • Personal Finance
  • Market Research
    • Business
    • Investing
    • Money
    • Economy
    • Markets
    • Stocks
    • Trading
  • 401k Plans
  • College
  • IRS & Taxes
  • Estate Plans
  • Social Security
  • Medicare
  • Legal
No Result
View All Result
TheAdviserMagazine.com
No Result
View All Result
Home Legal

Have we Reached the Shenanigans Threshold?

by TheAdviserMagazine
11 hours ago
in Legal
Reading Time: 2 mins read
A A
Have we Reached the Shenanigans Threshold?
Share on FacebookShare on TwitterShare on LInkedIn


by Dennis Crouch

When the Supreme Court in Cuozzo Speed Technologies v. Lee, 579 U.S. 261 (2016), barred judicial review of the USPTO’s decisions to institute (or deny institution) of inter partes review, it left a small door ajar for agency “shenanigans.”   This post asks whether USPTO Director John Squires recent decision in Interactive Communications International, Inc. v. Blackhawk Network Inc., IPR2024-00465 (Dir. Rev. Oct. 1, 2025), may be the case that finally gives “shenanigans” real content.

Have we Reached the Shenanigans Threshold?

In Blackhawk, Director John Squires vacated a PTAB final written decision (FWD) that had already found all challenged claims unpatentable.  Ordinarily a director review decision would still be appealable to the Federal Circuit, but Dir. Squires took the case to the next step.  In addition to rejecting the PTAB opinion, Dir. Squires also terminated the proceeding and expressly declared that his order “does not constitute a final written decision under § 318(a).”  The maneuver left the petitioner without an appealable decision — even though the case had already been fully litigated and decided on the merits.

This post focuses on the appealability problem raised by Blackhawk and situates it alongside the five pending mandamus petitions now before the Federal Circuit challenging the Trump Administration’s expanding assertion of institutional control over IPR proceedings.  The pattern here is clear and undisputed that USPTO leadership is using the cloak of § 314(d)’s nonappealability to achieve policy ends. The question though is whether the aggressive approach crosses some yet-undefined line.  Blackhawk is in line with 2025’s broader posture: the Trump Administration has pushed presidential prerogative in many areas of national policy –  leveraging statutory gray zones that earlier administrations largely treated with self-restraint.  That new assertiveness forces Article III courts to step in and draw clearer outer bounds.



Source link

Tags: ReachedShenanigansthreshold
ShareTweetShare
Previous Post

Here’s what it’s really like to appear on billionaire VC Tim Draper’s ‘Meet the Drapers’ pitch show

Next Post

Saratoga Investment outlines $406.8M in liquidity and maintains $0.75 dividend amid competitive market (NYSE:SAJ)

Related Posts

edit post
Pennsylvania House of Representatives Rejects Update to Child Custody Laws

Pennsylvania House of Representatives Rejects Update to Child Custody Laws

by TheAdviserMagazine
October 7, 2025
0

Many people will default to “the middle” when faced with a difficult decision. While moderation may seem appealing, it may...

edit post
First Circuit Rules Trump’s Birthright Citizenship Executive Order is Unconstitutional

First Circuit Rules Trump’s Birthright Citizenship Executive Order is Unconstitutional

by TheAdviserMagazine
October 4, 2025
0

Photo by saiid bel on Unsplash; Reamolko Yesterday, the US Court of Appeals for the First Circuit issued a decision...

edit post
Biglaw Money Is Talking – See Also

Biglaw Money Is Talking – See Also

by TheAdviserMagazine
October 3, 2025
0

Blue Cheese: Biglaw lawyers and staff are sending their money to overwhelmingly Democrat causes. Nevermind The Child Porn Allegations: Federal...

edit post
Supreme Court declines to take action on Trump’s request to fire Fed governor for now

Supreme Court declines to take action on Trump’s request to fire Fed governor for now

by TheAdviserMagazine
October 1, 2025
0

The Supreme Court on Wednesday announced that it will hear oral arguments in January on a request from the Trump...

edit post
Utah Breaks New Ground with Skills-Based Alternative to Traditional Bar Exam

Utah Breaks New Ground with Skills-Based Alternative to Traditional Bar Exam

by TheAdviserMagazine
October 1, 2025
0

Utah has joined the growing movement to rethink attorney licensure in the United States, as the Utah Supreme Court approved...

edit post
Medication & Pharmacy Error Lawsuits in California

Medication & Pharmacy Error Lawsuits in California

by TheAdviserMagazine
September 30, 2025
0

Medication and Pharmacy Error Lawsuits in California The landscape of medication and pharmacy error litigation in California is one of...

Next Post
edit post
Saratoga Investment outlines 6.8M in liquidity and maintains alt=

Saratoga Investment outlines $406.8M in liquidity and maintains $0.75 dividend amid competitive market (NYSE:SAJ)

edit post
Comic books as investment vehicles

Comic books as investment vehicles

  • Trending
  • Comments
  • Latest
edit post
What Happens If a Spouse Dies Without a Will in North Carolina?

What Happens If a Spouse Dies Without a Will in North Carolina?

September 14, 2025
edit post
Pennsylvania House of Representatives Rejects Update to Child Custody Laws

Pennsylvania House of Representatives Rejects Update to Child Custody Laws

October 7, 2025
edit post
Does a Will Need to Be Notarized in North Carolina?

Does a Will Need to Be Notarized in North Carolina?

September 8, 2025
edit post
DACA recipients no longer eligible for Marketplace health insurance and subsidies

DACA recipients no longer eligible for Marketplace health insurance and subsidies

September 11, 2025
edit post
Tips to Apply for Mental Health SSDI Without Therapy

Tips to Apply for Mental Health SSDI Without Therapy

September 19, 2025
edit post
Raymond James sues to retrieve dead advisor’s laptop

Raymond James sues to retrieve dead advisor’s laptop

September 11, 2025
edit post
OPEC+ Nears Its Limit, Leaving Prices One Crisis Away from a Spike

OPEC+ Nears Its Limit, Leaving Prices One Crisis Away from a Spike

0
edit post
4 Unconventional Retirement Strategies From Robert Kiyosaki

4 Unconventional Retirement Strategies From Robert Kiyosaki

0
edit post
Global peace hopes ignite ‘everything rally’ across assets, says Anurag Singh

Global peace hopes ignite ‘everything rally’ across assets, says Anurag Singh

0
edit post
Economic Justice, Desert, and Capitalism (Again)

Economic Justice, Desert, and Capitalism (Again)

0
edit post
BNB Price Soars 5%, Leapfrogs XRP, Tether As 3rd-Largest Crypto

BNB Price Soars 5%, Leapfrogs XRP, Tether As 3rd-Largest Crypto

0
edit post
Hospital Transfers Can Include Hidden Fees If You Don’t Read the Fine Print

Hospital Transfers Can Include Hidden Fees If You Don’t Read the Fine Print

0
edit post
4 Unconventional Retirement Strategies From Robert Kiyosaki

4 Unconventional Retirement Strategies From Robert Kiyosaki

October 9, 2025
edit post
Economic Justice, Desert, and Capitalism (Again)

Economic Justice, Desert, and Capitalism (Again)

October 9, 2025
edit post
Global peace hopes ignite ‘everything rally’ across assets, says Anurag Singh

Global peace hopes ignite ‘everything rally’ across assets, says Anurag Singh

October 9, 2025
edit post
The Nordic approach to business builds empowerment, team spirit and engagement. But can you copy it? 

The Nordic approach to business builds empowerment, team spirit and engagement. But can you copy it? 

October 9, 2025
edit post
ZunZeno – How The US Govt Used Social Media To Spur Social Unrest In Cuba

ZunZeno – How The US Govt Used Social Media To Spur Social Unrest In Cuba

October 9, 2025
edit post
Fixed income set to perform well amid limited easing room, says Churchil Bhatt

Fixed income set to perform well amid limited easing room, says Churchil Bhatt

October 8, 2025
The Adviser Magazine

The first and only national digital and print magazine that connects individuals, families, and businesses to Fee-Only financial advisers, accountants, attorneys and college guidance counselors.

CATEGORIES

  • 401k Plans
  • Business
  • College
  • Cryptocurrency
  • Economy
  • Estate Plans
  • Financial Planning
  • Investing
  • IRS & Taxes
  • Legal
  • Market Analysis
  • Markets
  • Medicare
  • Money
  • Personal Finance
  • Social Security
  • Startups
  • Stock Market
  • Trading

LATEST UPDATES

  • 4 Unconventional Retirement Strategies From Robert Kiyosaki
  • Economic Justice, Desert, and Capitalism (Again)
  • Global peace hopes ignite ‘everything rally’ across assets, says Anurag Singh
  • Our Great Privacy Policy
  • Terms of Use, Legal Notices & Disclosures
  • Contact us
  • About Us

© Copyright 2024 All Rights Reserved
See articles for original source and related links to external sites.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Home
  • Financial Planning
    • Financial Planning
    • Personal Finance
  • Market Research
    • Business
    • Investing
    • Money
    • Economy
    • Markets
    • Stocks
    • Trading
  • 401k Plans
  • College
  • IRS & Taxes
  • Estate Plans
  • Social Security
  • Medicare
  • Legal

© Copyright 2024 All Rights Reserved
See articles for original source and related links to external sites.