Patently-O

Patent Docket Heading into the Supreme Court’s Long Conference

Supreme Court patent docket swells with 13 petitions, two more pending, and major fights over IPR review, eligibility, damages, and claim scope.
Patently-O

FY2026 Utility Grants by Origin and Continuity

The USPTO will close out FY2026 (which ends September 30) with about 320k utility patent grants, down about 3% from FY2025. Although the total is a bit down this year, an interesting shift here is ...
Patently-O

When the PTAB’s Broadest Reasonable Interpretation Goes Too Far

The Federal Circuit has vacated a PTAB obviousness rejection of a catheter claim, holding that the Board's reading of the claim term "flow barrier" was unreasonably broad. In re Incept LLC, No.
Patently-O

Supreme Court Takes Up Whether Trademark Strength Belongs to Judge or Jury

As the 2025-2026 term ends, the Supreme Court has agreed to decide whether the strength of a trademark is a question of fact or a question of law. The Court granted certiorari in RiseandShine Corp. v.
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The Federal Circuit’s Antisuit Injunction Decision in Ericsson v. Lenovo has Broader Implications for Global SEP Litigation

The case stems from the dispute between Ericsson and Lenovo over licenses to their respective portfolios of patents essential to the 5G wireless telecommunications standards (standards-essential ...
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Jack Dorsey and Elon Musk Call for Abolition of “All IP Law”

In a characteristically terse post on X, twitter co-founder Jack Dorsey declared “delete all IP law.” Elon Musk quickly agreed with Dorsey’s statement. It is unclear to me which of these ...
Patently-O

The Federal Circuit Edits Its Damages Footnote in Constellation Designs v. LG

The “optimization” claims of US8842761 and US10693700 are ineligible under § 101; The “constellation” claims of US11019509 and US11018922 are eligible; The infringement verdict stands (denial of JMOL ...
Patently-O

Making a Proper Determination of Obviousness

Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer ...
Patently-O

The Remedies Remedy is Almost Complete: EcoFactor v. Google

The Federal Circuit’s en banc decision in EcoFactor v. Google marks a significant tightening of standards for admitting patent damages expert testimony. The court (in an 8–2 split) overturned a $20 ...
Patently-O

Problem Statements and the Scope of Prior Art

A patentable invention needs to be more than simply “new.” Rather, an invention requires a substantial step beyond what was already known in the field. Since 1952, this doctrine has been known as ...
Patently-O

Redefining Patent Utility: The Functional Relationship Test’s Answer to Super-Utility Claims

The PTAB concluded “clinically proven effective” was non-limiting, reasoning that because the claims already recited specific dosage amounts (2.5 mg rivaroxaban twice daily and 75-100 mg aspirin daily ...
Patently-O

The Filing Clock: Hour-of-Day Patterns in USPTO Electronic Submissions

When do patent attorneys actually file? Not first thing in the morning, and not in a rush at the end of the business day. Across roughly 475,000 USPTO electronic filings May-June 2025, volume climbs ...