PTAB Update | January 2026

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Available Now: Federal Circuit Year in Review Report

Knobbe Martens’ 2025 Federal Circuit Year in Review report, covering over 50 of the most noteworthy patent-related Federal Circuit decisions issued last year, is now available! The report provides in-depth analysis from Knobbe Martens lawyers on a wide range of impactful rulings, organized by more than a dozen categories including PTAB developments, claim construction, infringement, and patentable subject matter. Learn more and download the report here.


No Detours: Plain Meaning Construction Drives Federal Circuit’s Obviousness Affirmance

Jeremiah S. Helm, Ph.D. & Fatima L. Kouadio

The Federal Circuit confirmed that the Board may delay a decision on rehearing while waiting for a Federal Circuit claim-construction decision in a parallel litigation and adopt the plain and ordinary meaning of claim terms even when a district court previously applied a narrower construction.

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Ex Parte Reexaminations Are Maintained by the PTO, Not the Petitioner

Jacob R. Rosenbaum & Michael E. Salamy

The estoppel provision of 35 U.S.C. § 315(e)(1) does not apply to ongoing ex parte reexaminations because the petitioner does not “maintain” the proceeding, the Patent Office does.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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