Four alternative petitions remain pending, and the Court has not said whether it will take up any of them. Separately, Google, Apple and Intel challenged a related USPTO institution policy in a different case. The Federal Circuit ruled against them in February, and Google and Intel have since sought Supreme Court review. Whether that case moves forward is not yet clear.
For attorneys, the stakes are practical. The rule affects how often companies can use PTAB reviews to challenge older patents in infringement cases. According to an April agency report, the share of patent review requests the board took up fell to 37% in 2026 under Director John Squires, down from 65% under his predecessor Kathi Vidal. Patexia data show Samsung, Apple and Alphabet were the three most active board petitioners from 2020 to 2025, so these firms are the most exposed. Clients with older patents in litigation should plan for denials under the settled expectations rule, and should watch the four pending petitions and the Google and Intel case for any change in the Court's position.