Askeladden Urges Supreme Court to Review USPTO Discretion Over IPR Proceedings

August 19, 2026

Askeladden L.L.C. filed an amicus curiae brief with the U.S. Supreme Court in support of Intel Corporation and Google LLC, urging the Court to grant their petition for certiorari and review whether extra-statutory U.S. Patent and Trademark Office (USPTO) policies governing inter partes review (IPR) may be insulated from judicial review.

Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

August 18, 2026

The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court. Askeladden said in an amicus brief that the instant appeal is a perfect way to address the agency's approach to institution, as there is no underlying concern over the merits of an unappealable application of the policy.

Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

July 31, 2026

Under Director John Squires, the U.S. Patent and Trademark Office has signaled a more permissive stance toward patent eligibility, particularly for AI-related inventions. However, the Federal Circuit continues to apply the framework established by the Supreme Court's 2014 decision in Alice Corp. v. CLS Bank International rigorously. Squires issued an updated memorandum, superseding the December 2025 guidance for best practices for submission of Rule 132 subject matter eligibility declarations. The USPTO proposes making the SMED memo a living document that will incorporate periodic updates based on practitioner experience and gathered knowledge.

Tesla Tells Justices USPTO Is 'Gutting' Patent Reviews

July 30, 2026

Tesla Inc. has become the latest company to ask the U.S. Supreme Court to review limits that the U.S. Patent and Trademark Office has put on patent challenges, arguing that the office is "gutting" the review system created by the America Invents Act. In a cert petition, the electric-vehicle maker appealed a February decision by the Federal Circuit rejecting its argument that the office has no authority to use the scheduled trial date in related litigation as a reason not to review patents.

Patent Eligibility Reforms Keep Chasing The Wrong Fixes

July 29, 2026

Patent eligibility was never going to be clear. Congress wrote Section 101 of the U.S. Patent Act broadly on purpose, knowing that innovation cannot be predicted. Any statute trying to enumerate what is patentable today could be wrong tomorrow. Courts were always going to fill that gap. After two decades inside this system, I think the fixes have been pointed in the wrong direction.

High Court Asked To Take Another Settled Expectations Case

July 28, 2026

E-learning company Kahoot Inc. is pushing the U.S. Supreme Court to take up its challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, marking the second petition before the high court on the issue. The patent office set that time frame at about six years. Kahoot argued that was an "arbitrary" number, and it contended that using a patent's age to deny review went against the America Invents Act, which set up the current inter partes review system. Kahoot argued that "congressional grant of discretion does not authorize the USPTO to rely on an arbitrary patent age limit that is wholly absent from the statutory timing framework."