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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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.
Google Takes USPTO 'Settled Expectations' Fight To High Court
April 27, 2026
Google asked the U.S. Supreme Court to review the U.S. Patent and Trademark Office's policy of using the age of patents as a reason to refuse to review them, saying the "unprecedented and unsupported action" exceeds the office's authority. Google told the Supreme Court that the USPTO had no statutory authority to enact a policy that it generally will not institute America Invents Act review of patents that are more than six years old, which the company said amounts to "conjuring from whole cloth a limitations period that Congress deliberately withheld."
New Patent Owner Filings Expected To Drive Down Reexams
April 8, 2026
A new U.S. Patent and Trademark Office procedure allowing patent owners to respond to ex parte reexamination requests has the potential to shake up the process and lead to fewer reexams being instituted since the office can now hear from both sides, attorneys say.
Plaid Beats Fintech Patent Suit With Alice Finding
April 3, 2026
A Utah federal judge has dismissed a patent infringement suit against financial services firm Plaid Inc.. The ruling was invalid under the U.S. Supreme Court's Alice test, which assesses whether a patent covers an abstract concept that renders it ineligible.
Apple Verdict May Inform Jury Instruction In Patent Suits
April 2, 2026
On Feb. 12, a jury in the U.S. District Court for the Eastern District of Texas cleared Apple Inc. of patent infringement in an action brought by Optis Wireless Technology LLC. One consequential feature of the Federal Circuit's opinion has received little attention: how juries must be instructed on patent eligibility under Title 35 of the U.S. Code, Section 101. Although the jury ultimately did not need to resolve eligibility, how the district court modified its Step 2 instruction — prompted by the Federal Circuit — warrants scrutiny.