Supreme Court patent docket swells with 13 petitions, two more pending, and major fights over IPR review, eligibility, damages, and claim scope.
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 ...
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.
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 ...
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.
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 ...
The Federal Circuit established an important precedent regarding inherent disclosure and implicit claim construction in this IPR appeal, holding that the Board’s purported interpretation of the prior ...
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 ...
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 ...
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 ...
Writing for a panel that included Judges Lourie and Chen, Judge Taranto held that the NHK-Fintiv instructions are a “general statement of policy” exempt from APA rulemaking requirements under 5 U.S.C.
Patent law cases often turn on timing. In our first-to-file system, the question often boils down to whether the patent at issue was effectively filed before the competing patent application. This ...