News & Analysis as of

Inter Partes Review (IPR) Proceeding

Irwin IP LLP

Director of USPTO Reopens the Door to Design Patent IPRs

Irwin IP LLP on

Top Glory Trading Group Inc. and DP Dream Pairs Inc. v. Cole Haan LLC, IPR2025-01395 (P.T.A.B January 12, 2026) - A recent decision by United States Patent and Trademark Office (“USPTO”) Director Squires may signal renewed...more

Fish & Richardson

How to Kill a Weak Patent: 10 Strategies After Being Sued

Fish & Richardson on

If your company is sued for patent infringement, the dispute is not only about whether your product practices the claims; it is often about whether the patent should have been issued in the first place. U.S. law gives...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2025 PTAB Year in Review Analysis & Trends | 6TH EDITION

In 2025, the Patent Trial and Appeal Board (PTAB) experienced significant procedural and substantive changes. Under new leadership at the U.S. Patent and Trademark Office (USPTO), a series of developments reshaped...more

WilmerHale

PTAB/USPTO Update - February 2026

WilmerHale on

On January 13, USPTO announced the design of SPARK, a new pilot program to incentivize meaningful participation by U.S. small and medium-sized businesses, universities, and non-profits in standards development organizations...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review – January 2026

This issue of The PTAB Review begins with a review of notable developments at the PTAB, including changes to institution procedures, and precedential and informative decisions. Next, the authors explore several appellate...more

Jones Day

Claim Construction Stipulation Avoids Discretionary Denial

Jones Day on

USPTO Director John Squires issued a decision on October 3, 2025, denying a request to discretionarily deny institution in Caption Health, Inc. v. The University of British Columbia, IPR2025-01422, Paper 15 at 3 (Dec. 18,...more

Holland & Knight LLP

Beyond Section 101: 2026 Intellectual Property Outlook

Holland & Knight LLP on

The U.S. Court of Appeals for the Federal Circuit's Recentive decision reinforced a familiar message for artificial intelligence (AI) and software claims in litigation: Applying generic techniques to a new data environment,...more

Foley & Lardner LLP

Overlooked, But Powerful: Ex Parte Reexamination and Inter Partes Review Combination

Foley & Lardner LLP on

In In Re Gesture Technology Partners, LLC, Case No. 2025-1075 (Fed. Cir. December 1, 2025) (“Gesture”), the Federal Circuit reinforced the power of ex parte reexaminations as powerful tools for invalidating active and expired...more

Foley & Lardner LLP

AI, Patents, and Precision Medicine: Highlights from Foley & Lardner's 2026 Health Care & Life Sciences Trends Report

Foley & Lardner LLP on

The health care and life sciences sector is entering a period of accelerated transformation shaped by new technologies, shifting regulatory frameworks, and evolving market demands. Foley & Lardner LLP’s “Health Care & Life...more

Robins Kaplan LLP

Merck KGaA v. Hopewell Pharma Ventures, Inc.

Robins Kaplan LLP on

Merck sued multiple defendants alleging infringement of the patents-in-suit in response to defendants’ filing ANDAs seeking approval to make and sell generic cladribine....more

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

PTAB Reforms Shift the Battleground: Why Ex Parte Reexaminations Are Gaining Ground as IPRs Fade

In the evolving biosimilar landscape, patent challenges remain a critical strategy to clear the path for market entry. Recent reforms at the Patent Trial and Appeal Board (PTAB) under Director John Squires have significantly...more

Wolf, Greenfield & Sacks, P.C.

A Look Ahead: Key Intellectual Property Legal Developments in 2025 — and What to Expect in 2026

This past year saw major shifts affecting patent adjudication, prosecution strategy, biotechnology claiming, artificial intelligence, standard-essential patents, and litigation trends....more

Brooks Kushman P.C.

Ford IPRs Instituted at Patent Trial and Appeal Board

Brooks Kushman P.C. on

On January 16, 2026, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”) instituted two inter partes review (IPR) proceedings for Brooks Kushman client Ford Motor Company (“Ford”) and denied Patent...more

McDermott Will & Schulte

USPTO elevates precedential and informative decisions on discretionary institution in IPR/PGR

The United States Patent and Trademark Office (USPTO) designated four decisions as precedential and nine decisions as informative, all highlighting the factors the USPTO will consider in determining whether to deny a petition...more

Jones Day

USPTO Designates New Precedents on PTAB Discretionary Denial

Jones Day on

On January 9, 2026, USPTO Director John A. Squires designated four recent discretionary-denial rulings as precedential and nine more as informative, formalizing a developing framework for how and when the Office will exercise...more

Alston & Bird

Patent Case Summaries | Week Ending January 16, 2026

Alston & Bird on

Our Patent Case Summaries provide a weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial...more

K&L Gates LLP

PTAB Reinforces Preference for PGR

K&L Gates LLP on

The Patent Trial and Appeal Board (PTAB) recently designated a post-grant review (PGR) decision as precedential. In the decision, the Director issued a discretionary denial decision confirming that the proper analysis was a...more

Hogan Lovells

POST GRANT PULSE November / December 2025

Hogan Lovells on

This Post Grant Pulse provides updates on recent institution statistics, what to look out for in key discretionary factors, and other strategies to consider. ...more

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

Trial Statistics Trends at the PTAB: 2025 Edition

Following up on our 2024 Trial Statistics Trends at the PTAB, this blog post expands on the statistics and trends at the PTAB for the Fiscal Year 2025 (“FY25”), which runs from October 1, 2024 through September 30, 2025....more

Jones Day

PTAB Statistics Through Two Months of FY 2026

Jones Day on

The institution rate for post-grant petitions in FY 2026 through the end of November (the period from Oct. 1, 2025 through November 30, 2025) stands at 37% (118 instituted, 197 denied). As expected, this rate is...more

Fish & Richardson

5 in ’25: Appellate

Fish & Richardson on

The U.S. Court of Appeals for the Federal Circuit had another busy docket in 2025. Here, we cover five key decisions that will shape the practice of intellectual property law going forward. ...more

Knobbe Martens

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

Knobbe Martens on

IN RE: GESTURE TECHNOLOGY PARTNERS, LLC - Before Lourie, Bryson, and Chen.  Appeal from the Patent Trial and Appeal Board. The estoppel provision of 35 U.S.C. § 315(e)(1) does not apply to ongoing ex parte reexaminations...more

Knobbe Martens

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

Knobbe Martens on

ETHANOL BOOSTING SYSTEMS, LLC v. FORD MOTOR COMPANY - Before Chen, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. The Federal Circuit confirmed that the Board may delay a decision on rehearing while...more

Alston & Bird

Patent Case Summaries | Week Ending January 9, 2026

Alston & Bird on

Our Patent Case Summaries provide a weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

USPTO Designates as Precedential or Informative Fifteen AIA Decisions on Discretionary Institution Considerations

On January 9, 2026, the USPTO designated four decisions as precedential and nine decisions as informative. And soon after, on January 12, 2026, the USPTO designated one more decision as precedential and another as...more

5,469 Results
 / 
View per page
Page: of 219

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide