Kramer Alberti client, Polaris PowerLED Technologies, won an important Federal Circuit decision on Tuesday, December 9, 2025, when the appeals court denied a mandamus petition filed by Sandisk Technologies and Western Digital Corp. The ruling confirms the U.S. Patent and Trademark Office’s authority to deny institution of IPRs challenging the validity of patents after a patent has been in force for several years based on the patent owner’s “settled expectation” in the validity of an issued patent.

The Federal Circuit ruling has broad implications for inventors and patent holders as well as patent litigation and the patent system.  Numerous amicus curiae briefs were filed in this Federal Circuit appeal by large and small technology companies, patent law professors and many others in the patent law community weighing in on the important policy issue being decided. The appeal was also widely covered in the media, see, e.g., Polaris Hits Back At ‘Settled Expectations’ Fed. Circ. Fight, IP Law360, Nov. 18, 2025; Sandisk Urges Fed. Circ. To Take On ‘Settled Expectations, IP Law360, October 31, 2025; and USPTO Says Fed. Cir. Should Skip ‘Settled Expectations’ Case, IP Law360, October 15, 2025.

Kramer Alberti partner, Rob Kramer, stated “[The ruling] reaffirms that the Patent Office has discretion to decide when to institute IPRs and when not to do so if it would contravene these settled expectations. This is a very good decision for the patent system as a whole, and especially inventors and technology companies.”

The ruling follows a decisive series of IPR wins earlier this year when Kramer Alberti secured a hat trick of IPR victories on behalf of Polaris PowerLED in its case against Western Digital and Sandisk. Western Digital and Sandisk challenged the validity of Polaris’ three foundational patents, but the Patent Office rejected these petitions and denied institution, which led to this Federal Circuit appeal. These IPRs are Sandisk Technologies Inc. and Western Digital Technologies, Inc., IPR 2025-00515, IPR2025-00516, and IPR2025-00517.

“In a matter that has been closely watched by the entire IP industry, Polaris PowerLED has prevailed, and we’re obviously very happy about the result,” said Kramer. “This ruling is a clear victory for patent owners and their ability to pursue justice when their patents are violated.”  Polaris is represented in the Federal Circuit Court of Appeals by Rob Kramer and Dave Alberti, along with Will Milliken and team of  Sterne, Kessler, Goldstein & Fox PLLC.

About Kramer Alberti Lim & Tonkovich LLP

Kramer Alberti attorneys are passionate courtroom champions of their clients’ inventions, and nationally known as among the very best and most experienced patent litigators in the country. Founded in 2010, and based in Silicon Valley with attorneys in New York, Austin, and Washington, D.C., the firm is a highly sought-after patent litigation solutions provider representing inventors, technology companies, and universities enforcing their most valuable patents against infringement. With a team of more than 20 technically trained and experienced patent litigation trial attorneys, the firm represents an unrivaled assembly of specialized practitioners.  A frequent recipient of national recognition from and within the legal community, the firm is one of a select few to have been named to both the National Law Journal’s and Texas Lawyer’s list of Top Verdicts. Kramer Alberti is positioned as the firm of choice for plaintiffs seeking large recoveries in patent monetization and clients in need of objective-based IP solutions. For more on Kramer Alberti, please visit www.krameralberti.com

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