News & Analysis as of

Statutory Interpretation Patents Judicial Authority

Wilson Sonsini Goodrich & Rosati

Patent Office Denial of “Late” Inter Partes Review Petitions Changes Expectations

On June 6, 2025, the acting Director of the U.S. Patent and Trademark Office (USPTO), Coke Morgan Stewart, issued a decision in iRhythm Technologies v. Welch Allyn, Inc.1 that initiates a new basis for discretionary denial...more

McDermott Will & Emery

Speculation of Harm Isn’t Standing: Not Every Adverse Board Decision Is Ticket to Appeal

McDermott Will & Emery on

After assessing whether a patent owner had standing to appeal the Patent Trial & Appeal Board’s final written decision, the US Court of Appeals for the Federal Circuit found no injury in fact to support Article III...more

McDermott Will & Emery

No Article III Appellate Standing Under the Sun

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit dismissed Incyte’s appeal of a Patent Trial & Appeal Board decision, holding that a disappointed validity challenger lacked appellate standing to challenge the Board’s final...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Qualcomm Inc. v. Apple Inc.

Qualcomm Inc. v. Apple Inc., Appeal Nos. 2023-1208, -1209 (Fed. Cir. Apr. 23, 2025) - For a second time in this case, the Federal Circuit considered the proper role of “Applicant Admitted Prior Art” in an inter partes...more

Alston & Bird

Patent Case Summaries | Week Ending April 4, 2025

Alston & Bird on

In re: Forest, No. 2023-1178 (Fed. Cir. (PTAB) Apr. 3, 2025). Opinion by Chen, joined by Taranto and Schall.  In 2016, an inventor filed a patent application that claimed priority to an application filed in 1995. The Patent...more

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

Understanding the PTAB’s Recent Informative Decision: Cambridge Mobile Telematics, Inc. v. Sfara, Inc.

The Patent Trial and Appeal Board (PTAB) recently designated its decision in Cambridge v. Sfara (IPR2024-00952) as an informative decision.[1] This designation addresses an important issue in inter partes review (IPR)...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Limits Reliance on Provisional Priority Date Under Section 102(e)(1)

On March 24, the Federal Circuit held in In re Riggs that for a published non-provisional patent application to be prior art under pre-AIA 35 U.S.C. § 102(e)(1) based on an earlier provisional filing date, all citations to...more

Fenwick & West LLP

Potential Impact on USPTO Regulations of Supreme Court Unraveling the Chevron Deference

Fenwick & West LLP on

The U.S. Supreme Court's decision to no longer give deference to government agency interpretations could lead to challenges against U.S. Patent and Trademark Office rules....more

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