News & Analysis as of

Regulatory Authority United States Patent and Trademark Office

Bracewell LLP

USPTO Memorandum Bifurcating PTAB Institution Process Signals Shift Toward Increased Discretionary Denials in IPR and PGR

Bracewell LLP on

New Interim Process for Patent Trial and Appeal Board Workload Management - The USPTO has fundamentally altered the PTAB institution decision framework through a March 26, 2025, memorandum from Acting Director Coke Morgan...more

Rothwell, Figg, Ernst & Manbeck, P.C.

USPTO Withdraws June 2022 Guidance on Fintiv Denials

On Friday, February 28, 2025, the United States Patent and Trademark Office (USPTO) announced the withdrawal of the June 2022 memorandum titled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with...more

Venable LLP

Loper Decision Impact on Patent Law

Venable LLP on

Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. Here, the Intellectual Property Litigation...more

Saul Ewing LLP

FTC Supports Proposed PTO Rule Mandating Disclosure of Agreements Between Litigants in Disputes Before the Patent Trial and Appeal...

Saul Ewing LLP on

Introduction - On June 18, 2024, the Federal Trade Commission (“FTC”) unanimously agreed to submit a comment supporting a recent proposed U.S. Patent and Trademark Office (“PTO”) rule that would mandate the disclosure of all...more

Morgan Lewis

Impact on IP Law in the Wake of US Supreme Court’s Decision

Morgan Lewis on

The US Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce overruled the forty-year-old Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc....more

Fenwick & West LLP

Potential Impact on USPTO Regulations of Supreme Court Unraveling the Chevron Deference

Fenwick & West LLP on

The U.S. Supreme Court's decision to no longer give deference to government agency interpretations could lead to challenges against U.S. Patent and Trademark Office rules....more

Seyfarth Shaw LLP

Federal Circuit Overturns Fifty Years of TTAB Precedent

Seyfarth Shaw LLP on

The Federal Circuit recently released an eye-catching opinion in Great Concepts, LLC v. Chutter, Inc., — F. 4th –, Case No. 2022-1212, 2023 WL 6854647 (Fed. Cir. Oct. 18, 2023). The panel of three judges held, in a...more

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