News & Analysis as of

Patent Trial and Appeal Board

Alston & Bird

Patent Case Summaries | Week Ending April 3, 2026

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Reasons for the PTAB’s Priority Determination in Broad’s Favor (Perhaps)

The alacrity with which the Patent Trial and Appeal Board (PTAB) came to the same conclusion in its latest priority determination in favor of the Senior Party in interference No. 106,115 that it had almost eleven months ago...more

Fish & Richardson

2025 Post-Grant Annual Report

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Fish & Richardson’s 2025 Post-Grant Report takes a deep dive into the cases, trends, and statistics that shaped Patent Trial and Appeal Board (PTAB) practice throughout the year and how they might affect practitioners going...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB (Again) Awards Priority of Invention to Broad in Interference No. 106,115

On March 26, the Patent Trial and Appeal Board, without holding an oral hearing and despite a rather sharply worded opinion by the Federal Circuit vacating and remanding its earlier priority decision (see “Regents of the...more

Holland & Knight LLP

Federal Circuit: Info Exchange Patent Fails Section 101, and Michigan Won the National Championship

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The U.S. Court of Appeals for the Federal Circuit recently affirmed the Patent Trial and Appeal Board's (Board) rejection of a patent application directed to an "information exchange apparatus for determining an exchange...more

WilmerHale

PTAB/USPTO Update - April 2026

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On March 16, the USPTO responded to a recent release of U.S. Chamber of Commerce 14th annual International IP Index report, which ranked the United States No. 1 on the index. Director Squires’ remarks, delivered on March 12...more

Morrison & Foerster LLP

The PTAB Reaffirms Priority Decision for CRISPR IP

On March 26, 2026, the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB) reaffirmed its prior determination that the Broad Institute has priority over the University of California for the invention of a single-guide...more

Akin Gump Strauss Hauer & Feld LLP

New Procedure for Ex Parte Reexaminations: Patent Owners May File “Pre-Order” Papers Prior to the Substantial New Question...

In the April 1, 2026 issue of the Official Gazette, the U.S. Patent and Trademark Office published a new process permitting patent owners to file an early, limited response to a request for ex parte reexamination....more

BakerHostetler

Science Fiction as Prior Art?

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Some inventors find their inventive spark through science fiction. Tasers, for example, were inspired by (and named after) the 1911 novel Tom Swift and His Electric Rifle. Likewise, Motorola’s early cellphones were heavily...more

BakerHostetler

The Rise of Ex Parte Reexamination and the Director’s New Gatekeeping Role

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Over the past year, the USPTO has made a series of significant changes to inter partes review and post‑grant review practice that have reduced institution rates, expanded discretionary denials, and made outcomes harder to...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Corrects PTAB's Grammar-Based Claim Construction in Netflix, Inc. v. DivX, LLC

In Netflix, Inc. v. DivX, LLC, the Federal Circuit reversed the Patent Trial and Appeal Board’s claim construction in an inter partes review and vacated its non‑obviousness decision....more

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

Déjà Vu at the CRU: USPTO Borrows From the IPR Landscape Allowing Patent Owner Pre-Order Arguments

On April 1, 2026, USPTO Director John Squires issued an Official Gazette Notice establishing a new pre-order procedure effective for reexamination requests filed on or after April 5, 2026....more

Patterson Belknap Webb & Tyler LLP

“Not an Arm of New Jersey”: Judge Gardephe Denies Motion for Summary Judgment Based on Eleventh Amendment Immunity

On March 30, 2026, United States District Judge Paul G. Gardephe (S.D.N.Y) denied Defendant New Jersey Transit Corporation’s (“NJ Transit”) motion for summary judgment on all of Plaintiff Bytemark, Inc.’s (“Bytemark”) claims....more

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

Protecting Privilege and Work Product Doctrines When Handling USPTO Post-Grant Proceedings That Utilize Artificial Intelligence

Have you, your paralegal, your client, your expert, etc. used public generative artificial intelligence (“AI”) to perform research while preparing for a USPTO invalidity proceeding as a challenger or patent owner?...more

Sheppard, Mullin, Richter & Hampton LLP

Patenting the Quantum Future – Practical Tips Based on PTAB Decisions

The number of patents for quantum computing inventions is rapidly increasing as the industry increasingly moves towards greater commercialization. Patenting quantum computing inventions raises several recurring legal issues,...more

Knobbe Martens

PTAB to Rehear Ex Parte Baurin: Revisiting the Interplay of Obviousness-Type Double Patenting and Patent Term Adjustment After...

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The Director of the U.S. Patent Office, John Squires, entered an order on Thursday, March 6, 2026, stating that he will convene a sua sponte rehearing regarding the Board’s 2025 decision regarding obviousness-type double...more

Hudnell Law Group

Federal Circuit Confirms Broad USPTO Director Discretion In IPR Institution Decisions

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On February 13, 2026, the United States Court of Appeals for the Federal Circuit issued its precedential decision in Apple Inc. v. Squires, Case No. 2024-1864 (Fed. Cir. Feb. 13, 2026), affirming the Northern District of...more

Fish & Richardson

Congressional Oversight Hearing Highlights Continued PTAB Policy Fault Lines

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At a March 25, 2026, oversight hearing, the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet questioned U.S. Patent and Trademark Office (USPTO) Director John A. Squires...more

Venable LLP

Accord and Bio-Thera File Four IPRs Challenging Janssen Simponi® Patents

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On March 20, 2026, Accord, Intas, and Bio-Thera Solutions filed four petitions for inter partes review (“IPR”) challenging Janssen patents related to Simponi® (golimumab). ...more

Goodwin

Accord, Intas, and Bio-Thera File Four IPRs Against Janssen Golimumab Patents

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On March 20, 2026, Accord BioPharma, Inc. (“Accord”), Intas Pharmaceuticals Ltd. (“Intas”), and Bio-Thera Solutions, Ltd. (“Bio-Thera,” collectively “Petitioners”) filed four Inter Partes Review petitions (“IPRs”) challenging...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Issues Judgment on Priority in CRISPR Interference

Despite a pointed decision by the Federal Circuit vacating and remanding the matter to the Patent Trial and Appeal Board, yesterday the Board once again granted priority for CRISPR technology to the Broad Institute. A more...more

Jones Day

INFORMATIVE: Conflicting Claim Construction Positions Result in Denial

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USPTO Director John Squires issued a decision on November 5, 2025, vacating a prior institution decision and denying institution in Tesla, Inc. v. Intellectual Ventures II LLC, IPR2025-00340, Paper 18. ...more

Knobbe Martens

USPTO Director to Consider U.S. Manufacturing and Small Business Status When Instituting or Denying IPR and PGR Petitions

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Under the Trump administration, the USPTO has significantly overhauled its approach in evaluating whether to discretionarily deny inter partes review (IPR) and post-grant review (PGR) petitions. On March 26, 2025, the Acting...more

Alston & Bird

Patent Case Summaries | Week Ending March 20, 2026

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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

Carlton Fields

Is Your Product “Made in America”? USPTO and White House Raise the Stakes on Domestic Manufacturing Claims

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On March 11 and March 13, 2026, the U.S. Patent and Trademark Office (USPTO) and the White House released a memorandum and executive order, respectively, that reemphasize this administration’s focus on promoting domestic...more

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