Supreme Court patent docket swells with 13 petitions, two more pending, and major fights over IPR review, eligibility, damages, and claim scope.
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.
Apple has asked the Supreme Court to review the Federal Circuit's decision upholding the ITC's import ban on Apple Watches with blood-oxygen sensing. Apple Inc. v. ITC, No. 26-316 (petition filed Sept ...
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 ...
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 ...
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 ...
The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held its hearing on renewal of USPTO fee setting authority on September 2, 2026, one day ...
Randy Micheletti of Incubate IP in Illinois sent over information about a fraud now circulating among patent attorneys. On August 23 a man presenting himself as Steven Gunst, Managing Director of the ...
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 Cir. July 23, 2026) (nonprecedential), a Section 101 case about internet-connected digital ...
§ 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, ...
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 ...
AML IP, LLC v. Bath & Body Works Direct, Inc., No. 2025-1280 (Fed. Cir. Aug. 28, 2026). This was an odd case - particularly because the appellant (represented by Bill Ramey) decided not to appear at ...