USPTO institution decisions are no longer just about prior art. Over the past year, the Director has steadily expanded discretionary institution analysis to account for broader policy considerations, and the latest change...more
3/13/2026
/ America Invents Act ,
Denial of Institution ,
Discretionary Functions ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Manufacturers ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
Prior Art ,
Small Business ,
USPTO
For the second time in less than a year, the USPTO, along with the DOJ’s Antitrust Division, has stepped into a patent case pending in the Eastern District of Texas. Once again, the intervention is before Judge Gilstrap in...more
3/3/2026
/ Antitrust Division ,
Department of Justice (DOJ) ,
eBay ,
Injunctions ,
Injunctive Relief ,
Irreparable Harm ,
Patent Assertion Entities ,
Patent Infringement ,
Patent Litigation ,
Patents ,
USPTO
The Federal Circuit’s ongoing struggle over how aggressively district courts should police expert testimony has once again divided the court, exposing a fundamental disagreement about the proper limits of Rule 702....more
1/21/2026
/ Amended Rule 702 ,
Appellate Courts ,
CAFC ,
Claim Construction ,
Daubert Standards ,
En Banc Review ,
Evidence ,
Expert Testimony ,
Federal Rules of Civil Procedure ,
Patent Infringement ,
Patent Litigation ,
Reversal ,
Rules of Civil Procedure
With 2025 drawing to a close, the U.S. Patent and Trademark Office’s (USPTO) Dec. 29 announcement of its Standard-Essential Patent (SEP) Working Group signaled that the agency is continuing its campaign to enhance the...more
1/6/2026
/ Antitrust Division ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Injunctions ,
International Trade Commission (ITC) ,
New Guidance ,
Non-Practicing Entities ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Public Comment ,
Standard Essential Patents ,
USPTO ,
Working Groups
For the second time in just a few months, the U.S. Patent and Trademark Office (USPTO) and the Department of Justice’s Antitrust Division (DOJ) have teamed up to weigh in on how patent remedies should be handled....more
For most of 2025, the trend in Patent Trial and Appeal Board (PTAB) practice has been unmistakable: institution of Inter Partes Reviews (IPRs) and Post-Grant Reviews (PGRs) has become harder....more
In a trio of rulings on Nov. 6, 2025, the Federal Circuit delivered a clear message: discretionary denial of Inter Partes Review (IPR) petitions is unreviewable on appeal. The court will not interfere with the U.S. Patent and...more
The United States Patent and Trademark Office (USPTO) continues its rapid evolution of Patent Trial and Appeal Board (PTAB) practice with yet another major policy shift. ...more
The U.S. Patent and Trademark Office (USPTO) continues to reshape the post-grant landscape, with the newly confirmed Director, John A. Squires, now reclaiming a direct role in deciding whether to institute Inter Partes Review...more
10/21/2025
/ Denial of Institution ,
Deregulation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Proposed Rules ,
Statutory Interpretation ,
USPTO
The U.S. Patent and Trademark Office (USPTO) has announced proposed rulemaking that could fundamentally reshape the Inter Partes Review (IPR) landscape. The proposal aims to make invalidity a “one-and-done” process,...more
John Squires, the new Director of the U.S. Patent and Trademark Office (USPTO or the Office), has confirmed that the Office will continue its discretionary review program for patent reviews....more
In a bold and unusual move, the DOJ’s Antitrust Division and the USPTO have jointly filed a Statement of Interest in a patent case – not before the Supreme Court or Federal Circuit, but in a district court in East Texas. The...more
The Federal Circuit issued its long-awaited en banc opinion in EcoFactor v. Google, which provides further clarity on the admissibility standards for damages experts under Rule 702. This decision reverses the original panel’s...more
The Acting Director of the United States Patent and Trademark Office just issued a memorandum setting out new procedures for discretionary denials of Inter Partes Reviews (IPRs) and Post-Grant Reviews (PGRs). The Acting...more
In response to a lawsuit for patent infringement, often a defendant will file an inter partes review (IPR) challenging the validity of the asserted claims. How can a patentee avoid this scenario?...more
Our legendary One Year of Patent Law in 60 Minutes | 2025 Edition webinar with CLE is back, and it's set to electrify your legal senses for the eighth year in a row!
Patent law is constantly changing. Each year, the...more
The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent....more
Damages experts in patent cases have a tough task. They must construct a hypothetical negotiation between the parties that would have taken place just before the alleged infringement started. And the goal of this hypothetical...more
On March 12, 2024, the Judicial Conference of the United States announced that in certain types of cases, it will change how cases are assigned to judges, which will limit the ability of litigants to choose which judge is...more
Are you ready for the best bargain in patent law? Look no further because One Year of Patent Law in 60 Minutes with free CLE is back and better than ever! That's right, all the patent law knowledge you need in just one short...more
Give us an hour of your time and we will deliver a fun and free CLE with a fast-paced overview on the state of patent law. In their fourth annual webinar, BakerHostetler Partners Michael E. Anderson and Jason F. Hoffman will...more
2/12/2021
/ Claim Construction ,
Continuing Legal Education ,
Damages ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pleading Standards ,
Venue ,
Webinars
As the country collectively mourns the passing of Justice Ruth Bader Ginsburg, I am reminded of the inspiring book “I Dissent: Ruth Bader Ginsburg Makes Her Mark” (which I have read to my children many times). While the...more
This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2019 and what issues are...more
2/4/2020
/ Claim Construction ,
Continuing Legal Education ,
Damages ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pleading Standards ,
Venue ,
Webinars
Rule 408 of the Federal Rules of Evidence protects settlement communications. The language of the rule is clear. Such communications are “not admissible . . . to prove or disprove the validity . . . of a disputed claim.” ...more
This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2017 and what issues are...more
2/15/2018
/ Claim Construction ,
Continuing Legal Education ,
Hatch-Waxman ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Jurisdiction ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Venue ,
Webinars