Eight en banc petitions are pending at the Federal Circuit, though two are pro se. The court makes pretty quick work of petitions and so the list has turned over almost completely since my July post.

I’m excited to announce my new book – Building the Internet We Want: Law for a Connected World, which is now available via Amazon (Hardcover $29 or Kindle $13)! Internet law has changed so quickly ...

I have been looking at patent applications that appear to be lost within the USPTO digital files. A common pattern is abandonment, followed by revival on petition, but then the file is apparently ...

The wait for a first action on the merits (FAOM) has eased a bit over the past year, but the numbers are still about seven months over target. Most recently, the average application waited about 21 ...

In my post on Monday, I created a time series chart showing the average/median wait time for utility patent applications from filing to the first action on the merits. But, that office-wide average ...

Range of Motion's cert petition, due Dec. 21, will challenge the plainly dissimilar test and judicial functionality findings for design patents.

Barron v. United States, Nos. 2025-1179, -1459 (Fed. Cir. Oct. 22, 2026). This is not a patent case, but decisions from the Court of Federal Claims are also appealed to the Federal Circuit -- making ...

Supreme Court denies VirtaMove without holding it for Tesla, Kahoot!, Intel, or FedEx. Plus new petitions on post-expiration royalties and § 101.

I have been reading a number of PTAB decisions recently. Two new ones from this week caught my attention because they both turned on claim-reading doctrines that the Board raised on its own. The Board ...

Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer ...

In a significant decision with implications for patent litigation practice, the Federal Circuit has vacated both infringement and damages judgments totaling $300 million in Optis Cellular Technology v ...

YMTC's IPR petitions against Micron denied on RPI grounds after the Entity List company refused to explain its corporate identity and control.