PTAB Invalidates Heavily Asserted Jabaa Patent Challenged by Askeladden
PTAB Invalidates U.S. Patent Nos. 7,837,100 and 8,905,301 based on Askeladden’s Request
Askeladden Stresses Importance of Notice-and-Comment Rulemaking to the Federal Circuit in Apple v. Vidal
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Justices Told USPTO's 'Settled Expectations' Rule Flouts
May 29, 2026
A host of industry groups, professors, attorneys and more urged the U.S. Supreme Court on Friday to take up Google's appeal arguing that the U.S. Patent and Trademark Office has exceeded its authority by using the age of patents as a reason to refuse to review them.
Squires' Institution Flips Are Increasing Uncertainty At PTAB
May 26, 2026
There have been 24 inter partes reviews that Squires initially found met discretionary denial standards — and were therefore worthy of merits review — that he later concluded should have been discretionarily denied. He has also stepped into cases previously instituted by administrative patent judges and walked back those approvals. Attorneys say it's becoming increasingly clear that even an initial approval from the director may not last.
Squires Hits Pause On Unpopular Examiner Sign-Off Policy
May 13, 2026
The U.S. Patent and Trademark Office director has paused a "streamlined review" policy requiring that supervisory patent examiners sign off on some first actions by examiners who have signatory authority, a policy that's been unpopular with examination staff since its rollout in the fall.
Building Codes Ruling May Inform AI Copyright Arguments
May 5, 2026
The U.S. Court of Appeals for the Third Circuit's opinion in American Society for Testing and Materials International v. UpCodes Inc. last month affirmed the denial of a preliminary injunction and found that UpCodes' verbatim republication of copyrighted building codes, standards which were incorporated into binding law, likely constitutes fair use.
DOJ's Stance On Antitrust And Patent Law Reflects Balance
May 4, 2026
Over the past year, the U.S. Department of Justice Antitrust Division has delivered consistent messaging about the relationship between antitrust law and intellectual property rights: Strong patent rights and competition policy are complementary, not in conflict.
Federal Circuit In March: IPR And The Limits Of Retroactivity
April 30, 2026
The U.S. Court of Appeals for the Federal Circuit addressed the limits of retroactivity in its recent decision, Implicit LLC v. Sonos Inc. There the court considered Implicit's attempt to erase a loss in inter partes review proceedings by retroactively correcting the two invalidated patents. The Federal Circuit ruled that, even though the retroactive correction theoretically should have changed the outcome of the IPRs, thereby saving Implicit's patents from invalidation, Implicit had forfeited the right to rely on the correction.