Verlander LLP

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...

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...

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...

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...

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...

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...

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

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...

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...

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

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...

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.

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...

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...

Richard Kadrey, et al. v. Meta partial summary judgment

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...

Patent Question of the Week: Does the government’s Statement of Interest in Radian Memory Systems v. Samsung show a desire to provide injunctive relief, even for NPEs? #questionoftheweek www.justice.gov/atr/media/14...

Question of the Week: In the Ancora v. Roku case, has the Fed Cir created a relaxed standard for nonobviousness based on substantial licenses? #questionoftheweek www.cafc.uscourts.gov/opinions-ord... <https://www.cafc.uscourts.gov/opinions-orders/23-1674.OPINION.6-16-2025_2531031.pdf>

Patent Question of the Week: In view of the PTO’s discretionary denial of five IPRs brought by iRhythm against Welch Allyn, how long is too long to wait to file an IPR before triggering a “settled expectation” that you cannot challenge the patent? #questionoftheweek ptacts.uspto.gov/ptacts/publi...

Patent Question of the Week: In EcoFactor v. Google, did the Federal Circuit eliminate the use of comparable lump sum license payments to determine a reasonable royalty rate? #questionoftheweek www.cafc.uscourts.gov/opinions-ord...

Nominations | United States Senate Committee on the Judiciary United States Senate Committee on the Judiciary

Patent Question of the Week: With the mixed messaging coming from John Squires, the nominee for PTO Director, does he side with inventors or big companies? #questionoftheweek www.judiciary.senate.gov/committee-ac...

Intel’s jury win over VLSI-Finjan-Fortress connection carries warnings for monetisers The jury finding offers lessons for companies that acquire patents and for patent holding companies about due diligence for acquisitions and drafting language for patent licences

Thanks @IAM for including our comments on the latest twist in the long-standing VLSI-Intel case. It should serve as a cautionary tale for patents owners thinking of licensing their patents and also seeking investment. www.iam-media.com/article/inte...

Patent Question of the Week: Under the PTO’s decision in Ecto World v. RAI Strategic Holdings, how should an IPR petitioner demonstrate the examiner made a material error in analyzing prior art cited in an IDS if that art was never relied on? #questionoftheweek ptacts.uspto.gov/ptacts/publi...

Patent Question of the Week: Does the Fed Cir's decision in Ingenico Inc. v. Ioengine make it more likely that the PTAB will discretionarily deny IPR petitions that rely on the same or cumulative prior art as district court? #questionoftheweweek www.cafc.uscourts.gov/opinions-ord...