Eileen McDermott

Amicus briefs have now been posted to the U.S. Patent and Trademark Office (USPTO) site in Ex Parte Baurin, a 2025 rehearing decision of the Patent Trial and Appeal Board (PTAB) with respect to obviousness-type double patenting (ODP) that is being reviewed by an Appeals Review Panel (ARP). While most of the amici are arguing in favor of the Board’s analysis, one brief submitted by Professors Mark Lemley and Lisa Larrimore Oullette contends that U.S. Court of Appeals for the Federal Circuit (CAFC) precedent supports the examiner’s rejections and that Allergan’s holding is inapplicable here.

During its latest “USPTO Hour” webinar, the U.S. Patent and Trademark Office (USPTO) recapped Patent Trial and Appeal Board (PTAB) updates over the last year-plus, including statistics that show drastic changes in the overall institution rate and number of denials of institution for inter partes review (IPR) proceedings. According to the USPTO’s figures (see chart below), in October 2024 the average institution rate was around 65%, whereas in February 2026 the overall institution rate was around 37%.

The U.S. Supreme Court today granted certiorari to a petition brought by internet service provider (ISP) Grande Communications Networks LLC, appealing from a U.S. Court of Appeals for the Fifth Circuit decision that upheld a jury verdict holding Grande Communications liable for contributory infringement against a group of major U.S. record labels. The Supreme Court granted certiorari and then vacated the judgment and remanded the case to the Fifth Circuit for reconsideration under the Court’s recent opinion in Cox Communications, Inc. v. Sony Music Entertainment.

In a case of first impression, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Judge Lourie writing, issued a precedential decision today affirming a district court’s grant of summary judgment holding two patents invalid for omitting a coinventor. Fortress Iron LP owns U.S. Patents 9,790,707 (“the ’707 patent”) and 10,883,290, which are both titled “Vertical Cable Rail Barrier.” The final designs for the inventions covered by the two patents were conceived by two Fortress employees and two employees of Fortress’ quality control liaison, Quan Zhou Yoddex Building Material Co., Ltd (YD).

The U.S. Patent and Trademark Office (USPTO) on Monday held the first of three planned Patent Trial and Appeal Board (PTAB)-focused Listening Sessions, this one focused on the PTAB and Life Sciences. Participants in the first panel of the day, who mostly spoke for the branded pharmaceutical industry, discussed the topic of patent thickets and the role of the PTAB in vetting life science patents.