Social Media Ideas for 35 U.s.c. § 28

Old Soil, New Clock: The DTSA Discovery Rule After Insulet v. EOFlow

Federal Circuit voids a $452M trade secret verdict on DTSA limitations grounds, applying a single-claim accrual rule that runs opposite to copyright. Continue reading this post on...

The Survivors: Post-IPR Claims, the Presumption of Validity, and the Limits of § 285

Federal Circuit affirms dismissal of mCom's surviving-claim suit but reverses § 285 fees and § 1927 sanctions, defending the presumption of validity. Continue reading this post on...

Enforceable, but Not Reviewable: A Breached Sotera Stipulation and § 314(d)

Hafeman v. Google: the Federal Circuit holds a breached Sotera stipulation is unreviewable under Section 314(d), leaving a one-sided trap. Continue reading this post on Patently-O.

Justice Up Close: The Federal Circuit Opens Its Doors for America 250

Federal Circuit unveils a Schoolhouse Rock-style theme song and opens its doors July 3 for America 250. Free tickets drop May 19 at 11:30 a.m. ET. Continue reading this post on Pat...

Wine Railway and the Patent Marking Statute: Is a Covenant Not to Sue a Patent License?

Supreme Court cert petition in Ortiz v. Vizio challenges Federal Circuit's expansion of patent marking requirements to non-practicing entities, conflicts with Wine Railway and Dunl...

Trading Claims for Speed: USPTO Sweetens the Streamlined Claim Set Pilot

USPTO waives the petition fee for its Streamlined Claim Set Pilot Program, offering free expedited first Office actions for lean claim sets. Continue reading this post on Patently-...

Patentee That Retains Exclusionary Rights has Constitutional Standing Notwithstanding Broad License Grant

The US Court of Appeals for the Federal Circuit reversed a district court decision dismissing a patent infringement suit for lack of constitutional standing, concluding that patent...

Affirmed But Not Over: The Federal Circuit Sends an Unexplained “Unexceptional” Ruling Back to the Field

CAFC Clarifies Statutory Versus Constitutional Standing Jurispridence

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion authored by Judge Chen that clarified its case law on statutory versus constitutional s...

Pre-Negotiated: How Continuations and Art Units Shape the First-Action Allowance

Two confounds behind first-action allowances: continuations beat first U.S. filings, and electrical art units allow far more often than biotech. Continue reading this post on Paten...

Squires Tells SCOTUS Gil Hyatt’s Conduct Was ‘Extraordinary’, Warranting Laches Denial

U.S. Patent and Trademark Office (USPTO) Director John Squires on Tuesday, May 26, filed a Brief in Opposition to Gilbert Hyatt’s petition for certiorari to the Supreme Court, whic...

Standing on Solid Ground: Constitutional Standing in Patent Disputes

Exclusive patent licenses can create a threshold litigation risk if they transfer substantial control without preserving a sufficient stake for the patent owner.  In a recent prece...

Unintentional Delay: USPTO Shortens Threshold for Additional Information Requirement

On June 24, 2026, the United States Patent and Trademark Office (USPTO) revised its practice of requiring additional information for certain petitions based on unintentional delay...

Refilling the Pipeline: Two New Section 101 Petitions Heading to the Supreme Court

Three Section 101 petitions are due this fall as the Supreme Court's record hits 89 eligibility petitions since 2017 without a merits grant. Continue reading this post on Patently-...

iEdison- Remediation of Bayh-Dole Reporting Omissions

Borrowing from the Board: District Court Obviousness in the Post-IPR Era

With IPRs throttled under Squires, district courts now do §103 work. Bench judges should cite PTAB obviousness law as persuasive authority. Continue reading this post on Patently-O...

Fed. Circ. Unsure Where State 'Bad Faith' Patent Cases Belong

At arguments Friday in a dispute between Micron Technology Inc. and Netlist Inc., a Federal Circuit panel appeared uncertain whether suits under state laws against "bad faith" pate...

USPTO Director Defines “Exceptional Circumstances” for Director Review—and Terminates Three IPRs

Reforming 35 U.S.C. § 132(a): Why New Matter Amendments Shouldn’t Require a New Application

Most patent attorneys know the Jerome Lemelson story—the prolific inventor whose aggressive use of continuation and continuation-in-part applications resulted in some patents remai...

Squires Waives Deadline for Director Review Requests of Institution Decisions

The U.S. Patent and Trademark Office (USPTO) on late Monday issued a notice designating as precedential a Sua Sponte Director Review Order of a Patent Trial and Appeal Board (PTAB)...

Appellate Deference: Reinforcing Limits on Reweighing Evidence

Clarifying the proper scope of appellate review, the US Court of Appeals for the Federal Circuit affirmed an International Trade Commission final determination in full. The Court u...

Words are Magic: What Counts as Applicant Admitted Prior Art in In re GE Vernova Hitachi

The Federal Circuit weighs whether a specification's related art background counts as applicant admitted prior art in In re GE Vernova Hitachi. Continue reading this post on Patent...

Federal Circuit Dismisses Patent Owner’s Patent Appeal for Lack of Appellate Jurisdiction

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a per curiam decision today in Tramec Sloan LLC v. Surti, dismissing an appeal brought by patent owner Tarun N. Surt...

Six Petitions, Six Placeholders: The Patent Docket Awaiting the Supreme Court

A case-by-case look at the dozen patent petitions and applications pending at the Supreme Court, from settled expectations to prosecution laches. Continue reading this post on Pate...