The White House recently issued an executive order launching the “Genesis Mission,” a US Department of Energy–led national initiative designed to accelerate scientific discovery using advanced artificial intelligence. The...more
In Akamai Technologies, Inc. v. MediaPointe, Inc., the Federal Circuit reaffirmed that claim language employing terms of degree such as “optimal” and “best” must be supported by objective and exclusive boundaries in the...more
The US Patent and Trademark Office recently issued revised guidance clarifying that only natural persons may be named as inventors on patent applications involving AI-assisted inventions. The guidance rescinds earlier...more
The Federal Circuit’s latest ruling in In re Motorola Solutions, Inc. solidifies the discretionary authority of the USPTO director over inter partes review institution decisions, underscores the limited scope of judicial...more
11/11/2025
/ Administrative Procedure Act ,
CAFC ,
Constitutional Challenges ,
Due Process ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Mandamus Petitions ,
Motorola ,
New Guidance ,
Patent Trial and Appeal Board ,
Statutory Interpretation ,
USPTO
The US Patent and Trademark Office (USPTO) has designated Corning Optical Communications RF LLC v. PPC Broadband Inc. as precedential, marking a significant shift in inter partes review (IPR) and post-grant review (PGR)...more
10/31/2025
/ America Invents Act ,
Broadband ,
China ,
Corporate Counsel ,
Disclosure Requirements ,
Entity List ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
National Security ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Statutory Interpretation ,
USPTO
The US Patent and Trademark Office (USPTO) has announced two major, interrelated policy shifts: (1) proposed amendments that would limit the institution of inter partes review (IPR) proceedings in cases where validity has...more
10/24/2025
/ Administrative Procedure Act ,
America Invents Act ,
Director of the USPTO ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
NPRM ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
Proposed Rules ,
Rulemaking Process ,
USPTO
Recent decisions from the US Patent Trial and Appeal Board continue to offer strategic advantages for patent owners: the Board has effectively expanded assignor estoppel to inter partes review proceedings and Director John...more
10/8/2025
/ Artificial Intelligence ,
Corporate Counsel ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Machine Learning ,
Patent Applications ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
USPTO
The Federal Circuit has upheld the dismissal of US Inventor Inc. and National Small Business United’s challenge to the USPTO’s denial of a rulemaking petition, clarifying the standards for organizational and associational...more
10/8/2025
/ Administrative Procedure Act ,
Administrative Review ,
America Invents Act ,
Article III ,
De Novo Standard of Review ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
Rulemaking Process ,
Standing ,
USPTO
A recent memo from the acting director of the US Patent and Trademark Office directs the Patent Trial and Appeal Board (PTAB) to reject inter partes review (IPR) petitions that use “applicant admitted prior art (AAPA), expert...more
9/5/2025
/ Administrative Appeals ,
Appeals ,
CAFC ,
Expert Testimony ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Qualcomm ,
Statutory Interpretation ,
USPTO
Deputy Commissioner for Patents Charles Kim issued a memorandum to three technology centers reminding examiners how subject matter eligibility should be evaluated under 35 USC § 101. These technology centers often handle...more
8/18/2025
/ Alice/Mayo ,
Artificial Intelligence ,
Corporate Counsel ,
Machine Learning ,
Patent Applications ,
Patent Examinations ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
USPTO
On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan,” encompassing more than 90 federal policy actions and outlining the administration’s comprehensive and aggressive approach to securing US...more
USPTO Acting Director Coke Morgan Stewart recently issued a decision discretionarily denying five petitions for inter partes review (IPR) filed by iRhythm against patents owned by Welch Allyn based on a factor that had not...more
The USPTO has launched a sweeping recalibration of its post-grant proceedings at the PTAB, signaling a decisive pivot back toward discretionary denials of patent challenges. With the rescission of prior procedural guidance, a...more
On January 14, 2025, the Federal Circuit in Lynk Labs Inc. v. Samsung Electronics Co. Ltd. clarified that inter partes review challenges may be “based upon published patent applications, and such published patent applications...more
The US Patent and Trademark Office (USPTO) implemented 37 CFR § 42.75 on October 31, 2024, establishing a formal framework for Director Review of Patent Trial and Appeal Board (PTAB) proceedings. During her tenure, Director...more
California Governor Gavin Newsom on September 29, 2024 vetoed a bill imposing new AI safety regulations, while approving a law mandating transparency in generative AI. This update explores the implications for developers and...more
The California State Assembly passed on August 28, 2024 proposed bill SB 1047, also known as the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, which aims to add new requirements to the...more
The European Union’s new AI Act (the Act) went into efect on 1 August 2024. The Act is the first-ever comprehensive law focused on artifcial intelligence and machine learning (collectively, AI). The Act impacts many...more
The United States Patent and Trademark Office (USPTO) has released new guidance on patent subject matter eligibility (the Guidance), with a particular focus on artificial intelligence (AI) and related technologies. As noted...more
Regulation almost always follows innovation, and the AI sector is no exception. The EU’s Artificial Intelligence Act is a world premiere. Published in the EU’s Official Journal on July 12 after many months of intense debate,...more
The European Union’s new AI Act (Act) will come into effect on August 1, 2024. The Act is the world’s first comprehensive artificial intelligence and machine learning (collectively, AI) focused law. It will have a sweeping...more
In a recent opinion, the Federal Circuit added several new wrinkles to amendment practice in inter partes review proceedings. The court affirmed the Patent Trial and Appeal Board’s determination that most of the original...more
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
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
USPTO
In Dragon Intellectual Property LLC v. DISH Network LLC, the US Court of Appeals for the Federal Circuit addressed an “exceptional” set of circumstances concerning the recovery of attorney fees in district court litigation...more
The US Patent and Trademark Office (USPTO) this week issued a memorandum related to guidelines for examining patent claims with means-plus-function and step-plus-function limitations under 35 USC § 112(f). The memorandum...more