USPTO denies ex parte reexam following earlier “settled expectations” refusal of inter partes review; Director defends discretionary powers before Federal Circuit

Context: Geotab filed a petition for inter partes review (IPR) at the United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) in April 2025, challenging the validity of multiple claims in U.S. Patent No. 8,810,458 (“Handheld device with two antennas, and method of enhancing the isolation between the antennas”). Coke Morgan Stewart, Acting (now Deputy) USPTO Director, issued a discretionary denial of the IPR petition in September 2025, at least on the partial basis that patentee Fractus possessed “settled expectations” due to the ‘458 patent’s 11-plus years in force. Seeking another route to invalidation, Geotab submitted a request for ex parte reexamination of the ‘458 patent in February 2026.