In Regents of the University of California v. Broad Institute, Inc., the Federal Circuit addressed the issue of conception and reduction to practice as related to the written description of multiple patent applications.Continue Reading PTAB Overly Relied on Statements of Doubt in Determining Conception and Reduction to Practice in Interference Proceedings

This case addresses whether the district court abused its discretion in awarding attorneys’ fees to Google under 35 U.S.C. § 285 after deeming EscapeX’s suit “exceptional,” denying EscapeX’s Rule 59(e) motion to amend the fee judgment based on purported “newly discovered evidence,” and imposing additional fees against EscapeX and its counsel, under 28 U.S.C. § 1927 for filing a frivolous post-judgment motion.Continue Reading No Mulligans: Frivolous Post-Judgment Motion Triggers § 1927 Sanctions After § 285 Award

The U.S. Patent and Trademark Office (USPTO) has issued updated examination guidance (“New Guidance”) on inventorship in applications involving artificial intelligence (AI). The document rescinds and replaces the February 13, 2024 guidance and clarifies how inventorship should be determined when AI is used in the inventive process. The New Guidance jettisons the Pannu test for this purpose, which focused on joint inventorship issues, and instead focuses on conception. This action is another step by the new USPTO leadership to bolster the patent system. It remains to be seen whether the courts will agree with this approach. It is possible that some patents will be granted by the USPTO under this guidance but be found invalid by the courts. This will remain highly fact dependent. Below is a detailed breakdown of the key changes and practical implications for patent strategy across utility, design, and plant filings.Continue Reading USPTO’s Revised Inventorship Guidance for AI-Assisted Inventions: What Changed, What Stayed, and What Practitioners Should Do Now

In Smartrend Manufacturing Group (SMG), Inc. v. Opti-Luxx Inc., the Federal Circuit vacated a finding of design patent infringement due to an erroneous claim construction. The panel also reversed the district court’s denial of JMOL on infringement under the doctrine of equivalents (DOE), finding the accused products failed to perform a function required by the asserted utility patent.Continue Reading Federal Circuit Upends Two Infringement Judgments

The USPTO’s recently published notice of proposed rulemaking (RIN 0651-AD89, Docket No. PTO-P-2025-0025) for inter partes review (IPR) proceedings seeks to curb multiple IPR challenges to the same patent. This aligns with the USPTO’s recent and decisive shift toward limiting accessibility of IPRs as a means to challenge patents outside of the district courts. While the USPTO claims to promote “fairness, efficiency, and predictability,” the practical impact would be a dramatic change in the risk calculus for accused infringers—especially those who never had their own opportunity to mount a proper challenge. Parties would be stuck with the results of someone else’s work product, no matter how flawed it was. For purposes of §§ 102/103, the USPTO effectively seeks to move beyond the presumption of validity and create a final determination of validity as far as IPR challenges are concerned.Continue Reading USPTO’s Proposed “One and Done” IPR Rule: Rethinking Finality, Fairness, and Efficiency

The United States Patent and Trademark Office (USPTO) is rolling out a new Automated Search Pilot Program, offering applicants a first-of-its-kind opportunity to receive a pre-examination, AI-generated prior art search report. The program’s stated goals are to improve prosecution efficiency and the quality of patent examination by providing an Automated Search Results Notice (ASRN) before an examiner reviews the case. The ASRN is intended to provide an earlier communication regarding potential prior art issues and could bring about significant changes in how utility filings are prosecuted and strategized.Continue Reading USPTO’s Automated Search Pilot Program: Early Prior Art Insights—Promises and Pitfalls for Patent Applicants

The Federal Circuit recently issued a nonprecedential order denying IOENGINE, LLC’s petition for panel rehearing and rehearing en banc in in Ingenico Inc. v. IOENGINE, LLC (No. 2023-1367). IOENGINE sought further review of the court’s earlier decision on the boundaries of IPR estoppel, but the court declined to revisit the issue. The order marks the close of Federal Circuit review for this phase of a high-profile patent dispute and confirms the boundaries on IPR estoppel set by the Federal Circuit.Continue Reading Final Word on IPR Estoppel: Rehearing Denied in Ingenico v. IOENGINE

The Federal Circuit’s analyzed proper jury verdict form procedures and evidentiary rules in the context of LTE standard-essential patent litigation between Optis and Apple. The Court addressed the intersection of jury unanimity rights, the validity of SEP claims under the abstract idea doctrine and means-plus-function rules, and the admissibility of FRAND-related settlement evidence under Rule 403.Continue Reading Unanimity on Trial: Federal Circuit Tosses $300 Million for Optis in Apple–Optis LTE Patent Wars

In a setback for automakers, the Patent Trial and Appeal Board (PTAB) has once again upheld the validity of Neo Wireless’s U.S. Patent No. 10,447,450, rejecting challenges brought by several major automakers. The most recent decision, Ford Motor Co. v. Neo Wireless (Sept. 3, 2025), follows last year’s similar outcome in American Honda, GM, Nissan & Tesla v. Neo Wireless (Nov. 1, 2024).Continue Reading PTAB Again Upholds the Heavily Litigated Neo Wireless Patent: What the Latest Decisions Mean for Automakers