Patent Quality In the News


Squires Attempting To Dodge PTAB Appeal, Fed. Circ. Told

Law360, Theresa Schliep , March 10, 2026

A patent challenger told the Federal Circuit that the director of the U.S. Patent and Trademark Office is undermining its appeal rights by insisting his order reversing the company's successful case is not a "final written decision," arguing that the court's "jurisdiction is not so easily evaded."

USPTO Orders Reexamination of Two Liberty Peak Patents in Response to Askeladden Requests

New York, NY , March 3, 2026 — USPTO Orders Reexamination of Two Liberty Peak Patents in Response to Askeladden Requests.

Fed. Circ. Rejects Tesla's PTAB Challenge, Leaving Just 1

Law360, Dani Kass , February 27, 2026

There have been 14 mandamus petitions targeting the institution policies of USPTO Director John Squires and former acting Director Coke Morgan Stewart, who have invoked new criteria to deny an unprecedented number of inter partes and post-grant review petitions. The Federal Circuit has concluded that 12 of those mandamus petitions are challenging nonappealable institution decisions, not unconstitutional activity. One petition was voluntarily withdrawn. The final outstanding petition at the Federal Circuit, filed by Volkswagen, has finished briefing.

Lutnick Rules Out Creating Value-Based Fees For Patents

Law360, Ryan Davis , February 10, 2026

Commerce Secretary Howard Lutnick told a Senate panel Tuesday that the government is not planning to establish new fees for U.S. patents based on their value, saying the idea he was reportedly considering "is not going anywhere."

Fed. Circ. In 2025: A Look At Continued USPTO Tensions

Law360, Jeremiah Helm and Sean Murray , January 26, 2026

For the U.S. Court of Appeals for the Federal Circuit, last year was notable for developments no one could have predicted in 2024. Foremost was the tug-of-war between the court and the U.S. Patent and Trademark Office on inter partes review proceedings. In prior years, the court and the USPTO appeared to be on the same page with regard to IPRs. That changed in 2025.

PTAB Judges Alarmed By Squires Moves To Limit Their Role

Law360, Theresa Schliep , October 27, 2025

With U.S. Patent and Trademark Office leadership limiting the Patent Trial and Appeal Board's oversight of patent validity disputes, current judges for the tribunal say they are distressed by the recent moves to curb their authority and are looking for work elsewhere amid the instability.

PTAB Discretionary Denials, Reexam Bids Way Up: Report

Law360, Ryan Davis , October 14, 2025

The number of Patent Trial and Appeal Board petitions that were denied for discretionary reasons reached a record level in the third quarter of 2025 — more than 200% higher than in all of last year — and patent reexamination requests also spiked, according to a new report from Unified Patents.

Adapting to USPTOs Tighter Inter Partes Review Rules

Law360, Charles Liu and Brian Ferguson , August 21, 2025

The U.S. Patent and Trademark Office issued a memorandum Petitioners will no longer be able to rely on Federal Circuit law and will have to identify where every challenged claim limitation is found in patents or printed publications and may no longer rely on general knowledge or AAPA to fill in gaps.

What Patent Claim Invalidity Means in Different Forums

Law360, Jason Hoffman , August 18, 2025

In patent litigation, "invalidity" is a term of art, but not all findings of invalidity are created equal. Depending on the forum and procedural posture, a claim that has been invalidated may still be asserted elsewhere, and it may or may not cast a shadow over similar claims from the same patent. This article breaks down the three key venues where patent claims are commonly invalidated and explains what each type of invalidity actually means.

PTAB Petitions To Get More Scrutiny Under New Policy

Law360, Ryan Davis , August 14, 2025

USPTO Acting Director Coke Morgan Steward announced in a late July memo that the office will begin enforcing a rule — which had often been waived over the past five years — that inter partes review petitioners must specify where each element of a patent being challenged is found in earlier patents or printed publications.