Dowd Scheffel Files Amicus Brief for Former Fed Cir Judges and Others
- Matthew Dowd
- Jul 21
- 1 min read
Updated: Jul 23
On July 18, 2025, Dowd Scheffel PLLC filed an amicus curiae brief on behalf of a distinguished group of former federal judges, a former ITC Vice Chairman, and leading legal scholars in the Federal Circuit case In re SAP America, Inc. (Nos. 25-132 and 25-133).Â
The brief urges the court to deny SAP’s petitions for writs of mandamus, which challenge the USPTO Director’s discretionary denial of IPR petitions. Our amici argue that IPR petitioners do not possess a constitutionally protected property right in the institution of IPR proceedings, and that the Director’s discretion is firmly grounded in statute and repeatedly upheld by the Supreme Court.Â
The full brief is attached.  An IP Watchdog article about the brief can be found here. Another article about the brief from Law360 can be found here.