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Feature3 min readInter partes review

Age starts the argument. It doesn’t end it.

In five designated rulings on settled expectations, the two oldest patents, at 12 and 13 years, were referred for review, while a patent issued in 2021 was protected. What decided them was what happened after issuance: a letter, a long silence, a license, a market.

13 yearsof patent history behind Apple v. Allani, and the Director still referred the petitions. A 2021 patent was protected.

Before you read

Five designated rulings weighed how long a patent had been in force. Were the oldest patents the ones protected from review?

Part 1 of 6

Thirteen years

Ferid Allani contacted Apple about his patent rights in 2012. Apple concluded it didn’t need a license and said so. Allani didn’t assert the patents against Apple for another eleven years, and by then they had expired.

Apple v. Allani, in four steps

  1. 12012The letterAllani contacts Apple about his patents.
  2. 22012The answerApple concludes it does not need a license, and tells him.
  3. 3Eleven years laterThe assertionAllani asserts the patents against Apple, after they had expired.
  4. 4Sep 5, 2025The DirectorSettled expectations don’t carry the day. The petitions are referred for review.
Step 1 of 4
The OfficeCourtThe turn

The Director recognized strong owner expectations in a thirteen-year patent history. Apple’s account of its own expectations helped outweigh them, and on September 5, 2025, the petitions were referred to the Board.

Part 2 of 6

What settled expectations means

Since 2025 the Director has weighed settled expectations in deciding whether to deny review on discretionary grounds. The idea is simple: the longer a patent has been in force, the more its owner and the market have built around it, and the stronger the case against reopening it at the PTAB.

The easy reading

The tempting reading

The older the patent, the safer it is from review.

Five informative decisions, all designated on January 9, 2026, show how the facts around age decided each result.

Part 3 of 6

Five patents, by age

Each ruling says it rests on the totality of the circumstances. Line them up by age and the pattern is plain: age points both ways.

Years in force when the Director ruled

Amgen v. BMS (IPR2025-00603)Referred · issued 2022
~3 yrs
Alliance Laundry v. PayRangeDenied · issued 2021 (age estimated)
~4 yrs
Dabico v. AXA PowerDenied · “almost eight years”
~8 yrs
Home Depot v. H2 IntellectReferred · “over twelve years”
12+ yrs
Apple v. AllaniReferred · thirteen-year history
13 yrs

Ages as each decision states them. Alliance’s decision says only that the patent issued in 2021; about four years is an estimate. Dark bars were denied; light bars were referred.

Guess first. Each card gives the facts the Director highlighted. Tap to see how it came out.

Denied or referred?

0 of 6 revealed

Part 4 of 6

The change in law

A sixth informative decision adds another route. In Top Glory v. Cole Haan, decided and designated January 12, 2026, the petitioner argued that the Federal Circuit’s en banc LKQ decision “fundamentally changed the obviousness standard for design patents.” The Director agreed that settled expectations should give way.

What helped petitionersAfter issuance

A letter and a long silence (Allani). A market the owner never touched (Home Depot). A change in the governing law (Top Glory).

What helped ownersReliance

Years in force with no reason to disturb them (Dabico). Licensing, plus earlier failed petitions (Alliance Laundry).

Part 5 of 6

What to do

Choose your side.

  • Build the record of why you had no reason to expect enforcement: correspondence saying no license was needed, years of silence, proof the patent was never used in your field.
  • Start the evidence request before the patent’s issue date. Find the old letters, the answers and what each side did next.
  • If the governing law changed after the patent issued, as LKQ did for design patents, say so up front.
  • Don’t argue age alone. Every ruling here rests on the totality of the circumstances.

Part 6 of 6

Cuts the other way

These decisions are informative, so they guide the Board but don’t bind it. Each turns on the totality, so no single fact works as a rule. And a referral didn’t settle anything.

What happened after the rulings

Referred Sep 4, 2025

1Home Depot v. H2 Intellect

The rulingReferred.

Since thenThe Board denied institution October 20, 2025.

Referred Sep 5, 2025

2Apple v. Allani

The rulingReferred.

Since thenThe Board denied institution November 4, 2025.

Referred Jul 24, 2025

3Amgen v. BMS (IPR2025-00603)

The rulingReferred.

Since thenTerminated October 1, 2025, before institution.

Jun 18, 2025

4Dabico v. AXA Power

The rulingDenied.

Since thenODP lists the case as “Pending Director Review.” What is pending has not been read.

Sep 19, 2025

5Alliance Laundry v. PayRange

The rulingDenied.

Since thenODP lists a discretionary denial.

Two of the three referred petitions were later denied by the Board, and the third ended before institution. A referral on settled expectations opened the door to the merits. It didn’t predict them.

The takeaway

The strongest expectations argument may be in the correspondence file, not on the patent’s front page.

Sources

  1. S07Apple Inc. v. Ferid Allani, No. IPR2025-00856, Paper 11 (USPTO Director September 5, 2025) (informative, designated Jan. 9, 2026). Official source ↗
  2. S05Home Depot U.S.A., Inc. v. H2 Intellect LLC, No. IPR2025-00480, Paper 11 (USPTO Director September 4, 2025) (informative, designated Jan. 9, 2026). Official source ↗
  3. S08Dabico Airport Sols. Inc. v. AXA Power ApS, No. IPR2025-00408, Paper 21 (USPTO Director June 18, 2025) (informative, designated Jan. 9, 2026). Official source ↗
  4. S09Alliance Laundry Sys., LLC v. PayRange LLC, No. IPR2025-00950, Paper 11 (USPTO Director September 19, 2025) (informative, designated Jan. 9, 2026). Official source ↗
  5. S55Amgen Inc. v. Bristol-Myers Squibb Co., No. IPR2025-00601, Paper 9 (USPTO Director July 24, 2025), also covering IPR2025-00602 and -00603 (informative, designated Jan. 9, 2026). USPTO list ↗
  6. S59Top Glory Trading Group Inc. v. Cole Haan LLC, No. IPR2025-01395, Paper 18 (USPTO Director Jan. 12, 2026) (informative, designated Jan. 12, 2026). USPTO list ↗
  7. S60LKQ Corp. v. GM Global Technology Operations LLC, 102 F.4th 1280 (Fed. Cir. 2024) (en banc). Official page ↗
  8. S53USPTO Open Data Portal: patent file-wrapper records for ex parte reexamination (90/ control numbers) and PTAB trial status, as pulled by PostGrantProceeding on Oct. 14 and 15, 2026. Data source ↗

Not yet confirmed

  • What is pending has not been read.

Each item is marked in the story with a dashed outline. We update the story when the official record confirms or corrects it.

Precedential decisions bind the Board within their designated scope. Informative decisions show the Office’s reasoning but do not bind the Board. Court opinions are cited for what they decided; later history was checked on the date shown above.

Changes (5)
  • Allani corrected to plural: the decision covers two petitions and two patents, both expired before they were asserted (Paper 11; the reviewed copy). The original said “his patent” and “in force thirteen years.”
  • Alliance Laundry: kept the fact the source package dropped (third petition, after two merits denials) and the original’s note that its “about 4 years” is an estimate from the 2021 issue date.
  • Dabico: added from the decision that actual notice was not needed to create settled expectations.
  • Headline grammar fixed (Muse) and shortened; new interactive “denied or referred?” guessing quiz.
  • Later outcomes kept separate from the rulings; Dabico’s ODP status (“Pending Director Review”) flagged because what is pending has not been read.
General information about published decisions, not legal advice. Reading it does not create an attorney-client relationship.
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