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 "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 ...
Professor John Duffy (UVA) appears to be in line to take over as USPTO General Counsel. GC is the Director’s principal legal advisor and runs an office of about 130 lawyers that include the Office of ...
Terminal disclaimers now appear on about 10% of issued utility patents, the lowest annual rate since 2008 and down from almost 22% in 2023. Obviousness-type double patenting (OTDP) may be the nerdiest ...
§ 11.101 (competence), § 11.103 (diligence), § 11.804(c) (misrepresentation), and § 11.804(d) (conduct prejudicial to the administration of justice). Mitchell ran his second AI tool as the reviewer, ...
Lawyers using the AI tool (Google's internal InFlow tool) drafted better applications; and the applications improved over time (10 days vs 90 days of use). (Blinded patent attorneys at an outside firm ...
This is the fourth post about VDPP, LLC v. Volkswagen Group of America, Inc., No. 2024-2226 (Fed. Cir. Aug. 19, 2026): that is a lot for this little case. The earlier ones covered Judge Rosenthal’s ...
Zilkr Cloud Technologies, LLC v. Cisco Systems, Inc., No. 2025-1207 (Fed. Cir. Aug. 26, 2026) (nonprecedential). Although the PTAB's claim construction in this case might have been "reasonable," the ...
USPTO's fee setting authority is set to expire on September 16, 2026. The Senate passed a continuing resolution for a short extension - to December 11, 2026 (after the mid-term election). Congress ...
Amazon has asked the Federal Circuit to rehear Ceiva Opco, LLC v. Amazon.com, Inc., No. 2024-1721 (Fed. Cir. July 23, 2026) (nonprecedential), a Section 101 case about internet-connected digital ...
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