NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

In re: B.E. TECHNOLOGY, L.L.C.,

Petitioner

______________________

2022-114

______________________

On Petition for Writ of Mandamus to the United States 

Patent and Trademark Office in Nos. IPR2021-00482, 

IPR2021-00483, IPR2021-00484, and IPR2021-00485.

______________________

ON PETITION

______________________

Before MOORE, Chief Judge, DYK and STOLL, Circuit 

Judges.

MOORE, Chief Judge.

O R D E R

B.E. Technology, L.L.C. (“B.E.”) petitions this court for 

a writ of mandamus challenging decisions of the Patent 

Trial and Appeal Board instituting inter partes review proceedings. Twitter, Inc. and Google LLC oppose. 

B.E. owns several patents relating to user interfaces 

that provide advertising over a global computer network. 

In May 2020, B.E. filed suit in federal district court, alleging that Twitter and Google infringe three of its patents. 

While those cases were pending, Google and Twitter each 

Case: 22-114 Document: 17 Page: 1 Filed: 02/11/2022
2 IN RE: B.E. TECHNOLOGY, L.L.C.

petitioned the United States Patent and Trademark Office 

to review the patents. B.E. opposed, raising various constitutional challenges. In September 2021, the Board instituted review. 

B.E. now petitions for a writ of mandamus seeking to 

terminate those proceedings, arguing that such review 

amounts to a violation of its due process rights. Specifically, B.E. argues that the compensation structure of administrative patent judges (APJs) undermines their ability 

to act as impartial adjudicators, Pet. at 27; “USPTO leadership routinely abuses its case-assignment authority and 

‘stacks’ APJ panels to control adjudicative outcomes,” id. at 

32; and a “secret” AIA Review Committee deprives B.E. of 

its right to know whether officials are attempting to improperly influence a decision, id. at 34.

Mandamus is “reserved for extraordinary situations.” 

Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 

271, 289 (1988) (citation omitted). Under the standard for 

obtaining mandamus relief, the petitioner must: (1) show 

it does not have any other method of obtaining relief; (2) 

show that it has a clear and indisputable legal right; and 

(3) convince the court that the “writ is appropriate under 

the circumstances.” Cheney v. U.S. Dist. Ct. for D.C., 542 

U.S. 367, 380–81 (2004) (citation omitted). B.E. fails to 

meet these necessary conditions for mandamus relief. 

B.E. has available means to raise its due process challenge on review from final written decisions. See Sec. People, Inc. v. Iancu, 971 F.3d 1355, 1359 (Fed. Cir. 2020) 

(“[T]his court . . . can meaningfully address constitutional 

questions on appeal.”); Mylan Lab’ys Ltd. v. Janssen Pharmaceutica, N.V., 989 F.3d 1375, 1382 n.5 (Fed. Cir. 2021)

(“We note that the Supreme Court has suggested decisions 

granting institution may be reviewable (to a limited extent) 

on direct appeal from a final written decision.”).

B.E. also has not shown clear legal entitlement to termination of these proceedings. This court has considered 

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IN RE: B.E. TECHNOLOGY, L.L.C. 3

and rejected similar arguments that the APJs’ compensation structure violates due process. See Mobility Workx, 

LLC v. Unified Pats., LLC, 15 F.4th 1146, 1150 (Fed. Cir. 

2021). B.E. has not shown a clear right to a different result 

here by relying primarily on a self-published article that is

outside of the record. B.E.’s other arguments concerning 

panel stacking and AIA Review Committees rely on nothing more than speculation and conjecture that USPTO 

leadership may attempt to improperly influence these proceedings in favor of Google and Twitter.

Accordingly,

IT IS ORDERED THAT:

(1) The petition is denied.

(2) Costs to Google and Twitter.

February 11, 2022 

Date

FOR THE COURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 22-114 Document: 17 Page: 3 Filed: 02/11/2022