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Question of the Week: In Lynk Labs v. Samsung, Lynk Labs is asking the Supreme Court whether patent applications that have not been published constitute “printed publications” that can be used as prior art in an IPR. What do you think? #questionoftheweek www.supremecourt.gov/DocketPDF/25...
www.supremecourt.gov
December 22, 2025 at 4:47 PM
Question of the Week: In Lynk Labs v. Samsung, Lynk Labs is asking the Supreme Court whether patent applications that have not been published constitute “printed publications” that can be used as prior art in an IPR. What do you think? #questionoftheweek www.supremecourt.gov/DocketPDF/25...
Question of the Week: With AI products aimed at improving legal services, there are highly disparate views on their usefulness. A recent study questions whether more time will be required to verify AI’s results than will be saved. What do you think? #questionoftheweek arxiv.org/pdf/2510.20109
arxiv.org
December 15, 2025 at 4:20 PM
Question of the Week: With AI products aimed at improving legal services, there are highly disparate views on their usefulness. A recent study questions whether more time will be required to verify AI’s results than will be saved. What do you think? #questionoftheweek arxiv.org/pdf/2510.20109
Question of the Week: Now that the comment period for the PTO’s Notice of Proposed Rulemaking is over and over 11,000 comments were provided, what do you think the final rules should be? #questionoftheweek public-inspection.federalregister.gov/2025-19580.p...
public-inspection.federalregister.gov
December 8, 2025 at 3:46 PM
Question of the Week: Now that the comment period for the PTO’s Notice of Proposed Rulemaking is over and over 11,000 comments were provided, what do you think the final rules should be? #questionoftheweek public-inspection.federalregister.gov/2025-19580.p...
Question of the Week: Since taking over the review of IPR institution decisions, PTO Director Squires has denied every petition he has reviewed. What will it take to find a petition that he likes? #questionoftheweek ptacts.uspto.gov/ptacts/publi...
ptacts.uspto.gov
December 1, 2025 at 3:32 PM
Question of the Week: Since taking over the review of IPR institution decisions, PTO Director Squires has denied every petition he has reviewed. What will it take to find a petition that he likes? #questionoftheweek ptacts.uspto.gov/ptacts/publi...
Question of the Week: How is it possible that assertion of a patent, having a presumption of validity, can be found so exceptionally weak that fees are awarded when there had been no prior determination of invalidity? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
www.cafc.uscourts.gov
November 24, 2025 at 3:45 PM
Question of the Week: How is it possible that assertion of a patent, having a presumption of validity, can be found so exceptionally weak that fees are awarded when there had been no prior determination of invalidity? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
Patent Question of the Week: In the CAFC’s decision denying mandamus re IPR discretionary denials, they may grant relief for “colorable constitutional claims” and “certain statutory challenges.” Do the PTO’s proposed rules present such claims? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
www.cafc.uscourts.gov
November 17, 2025 at 3:34 PM
Patent Question of the Week: In the CAFC’s decision denying mandamus re IPR discretionary denials, they may grant relief for “colorable constitutional claims” and “certain statutory challenges.” Do the PTO’s proposed rules present such claims? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
Patent Question of the Week: How might patent litigation strategy change if the Court of Justice of the European Union's (CJEU) decision in BSH Hausgeräte v. Electrolux allows for adjudication of US patents in German and UPC courts? #questionoftheweek curia.europa.eu/juris/docume...
CURIA - Documents
curia.europa.eu
November 10, 2025 at 3:30 PM
Patent Question of the Week: How might patent litigation strategy change if the Court of Justice of the European Union's (CJEU) decision in BSH Hausgeräte v. Electrolux allows for adjudication of US patents in German and UPC courts? #questionoftheweek curia.europa.eu/juris/docume...
Patent Question of the Week: PTO Director John Squires announced that he will issue a summary notice of his institution decisions, mostly without any explanation. What recourse is there if a party disagrees with the decision? #questionoftheweek www.uspto.gov/sites/defaul...
www.uspto.gov
November 3, 2025 at 3:10 PM
Patent Question of the Week: PTO Director John Squires announced that he will issue a summary notice of his institution decisions, mostly without any explanation. What recourse is there if a party disagrees with the decision? #questionoftheweek www.uspto.gov/sites/defaul...
Question of the Week: IPR petitioners are concerned that they may only have one shot to invalidate a patent with an IPR. But, hasn’t it always been the case that a patent owner doesn’t get another shot to challenge an invalidity finding? #questionoftheweek www.federalregister.gov/documents/20...
Revision to Rules of Practice Before the Patent Trial and Appeal Board
The United States Patent and Trademark Office (USPTO or Office) proposes modifications to the rules of practice for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB or Board) t...
www.federalregister.gov
October 27, 2025 at 3:17 PM
Question of the Week: IPR petitioners are concerned that they may only have one shot to invalidate a patent with an IPR. But, hasn’t it always been the case that a patent owner doesn’t get another shot to challenge an invalidity finding? #questionoftheweek www.federalregister.gov/documents/20...
Patent Question of the Week: Judge Connolly recently ruled that filing a case cannot constitute notice for indirect infringement. But, since damages are calculated from the notice date, why shouldn’t filing a case be a way to provide that notice? #questionoftheweek cases.justia.com/federal/dist...
cases.justia.com
October 20, 2025 at 1:44 PM
Patent Question of the Week: Judge Connolly recently ruled that filing a case cannot constitute notice for indirect infringement. But, since damages are calculated from the notice date, why shouldn’t filing a case be a way to provide that notice? #questionoftheweek cases.justia.com/federal/dist...
Question of the Week: In Interactive Communications v. Blackhawk, PTO Dir John Squires vacated an IPR decision and terminated the proceedings, apparently eliminating the ability to appeal. Is that allowed under the rules and, if so, should it be? #questionoftheweek www.uspto.gov/sites/defaul...
www.uspto.gov
October 13, 2025 at 4:31 PM
Question of the Week: In Interactive Communications v. Blackhawk, PTO Dir John Squires vacated an IPR decision and terminated the proceedings, apparently eliminating the ability to appeal. Is that allowed under the rules and, if so, should it be? #questionoftheweek www.uspto.gov/sites/defaul...
Patent Question of the Week: Do the FedCir’s recent decisions, such as Rex Medical , Finesse Wireless and EcoFactor, increase requirements of patent experts and effectively take the fact-finding role from the jury? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
www.cafc.uscourts.gov
October 6, 2025 at 3:39 PM
Patent Question of the Week: Do the FedCir’s recent decisions, such as Rex Medical , Finesse Wireless and EcoFactor, increase requirements of patent experts and effectively take the fact-finding role from the jury? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
Patent Question of the Week: Given that new Patent Office director John Squires chose to highlight diagnostic and software technology in his first official act, is he signaling a change to the way the Patent Office will examine patent eligibility? #questionoftheweek
September 29, 2025 at 2:47 PM
Patent Question of the Week: Given that new Patent Office director John Squires chose to highlight diagnostic and software technology in his first official act, is he signaling a change to the way the Patent Office will examine patent eligibility? #questionoftheweek
Patent Question of the Week: Now that John Squires will be taking over as Director of the US Patent Office, will he maintain the discretionary denial policies put in place by Acting Director Coke Morgan Stewart? #questionoftheweek
September 22, 2025 at 3:13 PM
Patent Question of the Week: Now that John Squires will be taking over as Director of the US Patent Office, will he maintain the discretionary denial policies put in place by Acting Director Coke Morgan Stewart? #questionoftheweek
Question of the Week: In view of the S Ct’s decisions in Petrella and SCA Hygiene holding laches only applies in the absence of an applicable statute of limitations, is the Fed Cir’s opinion finding laches in Hyatt v. Stewart wrongly decided? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
www.cafc.uscourts.gov
September 15, 2025 at 5:48 PM
Question of the Week: In view of the S Ct’s decisions in Petrella and SCA Hygiene holding laches only applies in the absence of an applicable statute of limitations, is the Fed Cir’s opinion finding laches in Hyatt v. Stewart wrongly decided? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
Patent Question of the Week: In light of recent PTAB discretionary denials of six IPRs filed by Samsung, could three years be enough time for a patent to have settled expectations? #questionoftheweek ptacts.uspto.gov/ptacts/publi...
ptacts.uspto.gov
September 8, 2025 at 11:37 AM
Patent Question of the Week: In light of recent PTAB discretionary denials of six IPRs filed by Samsung, could three years be enough time for a patent to have settled expectations? #questionoftheweek ptacts.uspto.gov/ptacts/publi...
Patent Question of the Week: Does the nonprecendential Federal Circuit opinion in Sonos v. Google clarify whether laches can apply when a patentee abides by the statutorily mandated timeframes for prosecuting a patent? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
www.cafc.uscourts.gov
September 2, 2025 at 5:36 PM
Patent Question of the Week: Does the nonprecendential Federal Circuit opinion in Sonos v. Google clarify whether laches can apply when a patentee abides by the statutorily mandated timeframes for prosecuting a patent? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
Patent Question of the Week: Does the Federal Circuit’s holding in PowerBlock Holdings v. iFit finding claims patent eligible apply only to mechanical inventions or signal a new approach to eligibility determinations? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
www.cafc.uscourts.gov
August 25, 2025 at 3:45 PM
Patent Question of the Week: Does the Federal Circuit’s holding in PowerBlock Holdings v. iFit finding claims patent eligible apply only to mechanical inventions or signal a new approach to eligibility determinations? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
Patent Question of the Week: What effect on innovation could result from the government’s plan to march-in on university patents under the Bayh-Dole Act? #questionoftheweek x.com/howardlutnic...
Howard Lutnick on X: "Taxpayers deserve the benefit of the bargain. If Harvard won’t honor the Bayh-Dole Act, then we will find someone who will. https://t.co/8U7yJtYacS" / X
Taxpayers deserve the benefit of the bargain. If Harvard won’t honor the Bayh-Dole Act, then we will find someone who will. https://t.co/8U7yJtYacS
x.com
August 18, 2025 at 3:26 PM
Patent Question of the Week: What effect on innovation could result from the government’s plan to march-in on university patents under the Bayh-Dole Act? #questionoftheweek x.com/howardlutnic...
Patent Question of the Week: What should Acorda have argued at district court that would have preserved federal jurisdiction in Acorda v. Alkermes? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
www.cafc.uscourts.gov
August 11, 2025 at 2:04 PM
Patent Question of the Week: What should Acorda have argued at district court that would have preserved federal jurisdiction in Acorda v. Alkermes? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
Question of the week: If the Patent office decides to charge patent owners a fee based on a patent’s value, how should that fee be determined? #questionoftheweek www.wsj.com/politics/pol...
Exclusive | Trump Administration Weighs Patent System Overhaul to Raise Revenue
Commerce Department officials are discussing a new fee based on patent value, which could fuel backlash from businesses.
www.wsj.com
August 4, 2025 at 2:57 PM
Question of the week: If the Patent office decides to charge patent owners a fee based on a patent’s value, how should that fee be determined? #questionoftheweek www.wsj.com/politics/pol...
Patent Question of the Week: Should mere cancellation of claims - not amendment - preclude a finding of infringement by the doctrine of equivalents? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
www.cafc.uscourts.gov
July 28, 2025 at 1:06 PM
Patent Question of the Week: Should mere cancellation of claims - not amendment - preclude a finding of infringement by the doctrine of equivalents? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
Question of the Week: After the FedCir’s decision in Shockwave Medical v. Cardiovascular Systems, should applicant's admitted prior art (AAPA) be used in an IPR to invalidate a claim if it’s evidence of general background knowledge? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
www.cafc.uscourts.gov
July 21, 2025 at 4:17 PM
Question of the Week: After the FedCir’s decision in Shockwave Medical v. Cardiovascular Systems, should applicant's admitted prior art (AAPA) be used in an IPR to invalidate a claim if it’s evidence of general background knowledge? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
Patent Question of the Week: Did the Federal Circuit change the conventional meaning of the claim term “consisting essentially of” in Eye Therapies v. Slayback Pharma by construing it to mean “consisting of”? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
www.cafc.uscourts.gov
July 14, 2025 at 3:41 PM
Patent Question of the Week: Did the Federal Circuit change the conventional meaning of the claim term “consisting essentially of” in Eye Therapies v. Slayback Pharma by construing it to mean “consisting of”? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...
Question of the Week: In the Anthropic and Meta AI copyright cases, did the courts go in opposite directions when considering whether the resulting AI works could displace the original authors? #questionoftheweek www.documentcloud.org/documents/25...
Richard Kadrey, et al. v. Meta partial summary judgment
www.documentcloud.org
July 7, 2025 at 3:24 PM
Question of the Week: In the Anthropic and Meta AI copyright cases, did the courts go in opposite directions when considering whether the resulting AI works could displace the original authors? #questionoftheweek www.documentcloud.org/documents/25...