News & Analysis as of

Patent Litigation Government Agencies

Lowenstein Sandler LLP

Considerations from America’s AI Action Plan

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On July 23, the White House released “America’s AI Action Plan” (the Plan), a comprehensive federal strategy aimed at ensuring the United States achieves and maintains global leadership in artificial intelligence (AI)....more

ArentFox Schiff

USPTO Ends Remote PTAB Hearings Effective September 1

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The US Patent and Trademark Office (USPTO) has announced that, effective September 1, all PTAB hearings will be conducted in person at USPTO offices, marking a departure from the virtual and hybrid formats adopted in recent...more

Proskauer - The Patent Playbook

PTO Defends its Recent Policy Changes Regarding Discretionary Denials

In the past few months, the U.S. Patent and Trademark Office (“PTO”) Acting Director has made substantial changes to the process for, and factors considered in, exercising discretion to deny institution of an inter partes...more

Bradley Arant Boult Cummings LLP

Jurisdictional Boundaries of the Federal Circuit in ITC-Related Matters Are Limited

In Realtek Semiconductor Corporation v. ITC (23-1187), the Federal Circuit concluded that it lacked jurisdiction to decide whether the International Trade Commission (ITC) correctly denied Realtek’s motion for sanctions...more

Jones Day

April 2025 Institution Rate Slips Below 45 Percent

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The PTAB has published its monthly statistics wrap up for April 2025. As expected, those statistics show a significant decline in the institution rate compared to the first six months of the fiscal year. In those first six...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Trade Commission Continues Efforts to Delist Drug Device Administration Patents in Orange Book

In the last years of the Biden Administration, the Federal Trade Commission issued a policy statement and sent letters to ten companies having Orange Book-listed patents claiming devices for administering drugs challenging...more

Kilpatrick

4 Key Takeaways | Recent Changes with Respect to the New Administration

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Kilpatrick’s Kris Doyle, David Reed, Kate Klein, and Ditty Shrivastava recently presented at the annual Kilpatrick Intellectual Property Seminar Series on the topic of “Recent Changes with Respect to the New Administration.”...more

BakerHostetler

US Patents Set to Issue 33 Percent Faster from the Notification Date

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Starting May 13, the U.S. Patent and Trademark Office (USPTO) will accelerate the time between issue notification and the issue date of a patent. That is, the time frame will be cut from about three weeks to two weeks –...more

WilmerHale

PTAB/USPTO Update - May 2025

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Welcome to Wilmer Hale's PTAB/USPTO Update for May 2025....more

A&O Shearman

Federal Circuit Affirms PTAB Decision On Unpatentability, With The PTO Stepping In After Appellee Withdrew

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On April 15, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) affirmed the Patent Trial and Appeal Board’s (“Board”) decision finding all challenged claims of Sage Products, LLC’s patents anticipated based on...more

Ballard Spahr LLP

USPTO Procedure Adds New Hurdle to PTAB Trial Institution

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On March 26, 2025, the United States Patent and Trademark Office (USPTO) announced changes to the Patent Trial and Appeal Board (PTAB) trial institution process, creating a new bifurcated approach to institution decisions....more

BCLP

Patent Office Withdraws Previous Discretionary Denial Guidance for Post-Grant Proceedings

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On Friday afternoon, February 28, 2025, the United States Patent and Trademark Office (USPTO) issued a brief “bulletin” rescinding a memorandum issued by the former Director Kathy Vidal (“Vidal Memo”) providing guidance on...more

McDermott Will & Emery

An Odyssey of Timeliness: Appointments Clause Arguments Must Be Preserved

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Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board...more

McDonnell Boehnen Hulbert & Berghoff LLP

President Nominates John Squires to be Next USPTO Director

On Monday, President Trump's nomination for Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, John A. Squires, was submitted to the U.S. Senate for confirmation.  Mr....more

Venable LLP

Venable’s BiologicsHQ Monthly Injection - August 2024

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Welcome to Venable’s BiologicsHQ Monthly Injection – August 2024...more

Erise IP

Eye on IPRs, July 2024: Impact of the End of Chevron on USPTO; PTAB Filings Are Up; and More

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Every month, Erise’s patent attorneys review the latest inter partes review (IPR) cases and news to bring you the stories that you should know about: What Does the End of Chevron Deference Mean for the USPTO? In June, the...more

Knobbe Martens

Patent Owners Cannot Sue the Government for Patent Infringement as a Fifth Amendment Taking

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GOLDEN v. U.S. Before O’Malley, Mayer, and Wallach. Appeal from the United States Court of Federal Claims. Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bozeman Financial LLC v. Federal Reserve Bank (Fed. Cir. 2020)

Less than two years ago, in Return Mail, Inc. v. U.S. Postal Service, 139 S. Ct. 1853 (2018), the Supreme Court held that a government entity -- in that case, the U.S. Postal Service -- is not a "person" under the America...more

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