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Top patentlyo.com News

Supreme Court to Hear Cox Appeal in $1 Billion Music Piracy Case
Music · United States

Supreme Court to Hear Cox Appeal in $1 Billion Music Piracy Case

80% Left coverage: 5 sources
The US Supreme Court agreed to consider shielding Cox Communications Inc. from a $1 billion lawsuit by the music industry, in a case that could give internet providers new legal protections when users pirate copyrighted works.See the Story
En Banc Ineligibility Petition in Longitude Licensing v. Google
San Jose, California · San Jose

En Banc Ineligibility Petition in Longitude Licensing v. Google

by Dennis Crouch Before digging into this en banc petition, I just wanted to note that patent eligibility issues have been almost shockingly quiet over the past six months.  But, to me it feels something like a powder keg waiting to explode. While Acting Director Stewart has been incredibly active on other fronts since taking the helm in January 2025, she has remained notably silent on Section 101 reform initiatives. I believe there is some like…Read Article
Overlapping Ranges and the Presumption of Obviousness
United States · United States

Overlapping Ranges and the Presumption of Obviousness

by Dennis Crouch The Federal Circuit's decision in Janssen v. Teva narrows the scope of the overlapping-range presumption of obviousness, holding that when a patent claim involves an integrated, time-dependent sequence of steps rather than a simple selection of numeric values, courts must conduct a full obviousness analysis instead of applying the presumption that overlapping ranges are obvious. To continue reading, become a Patently-O member. A…See the Story

Federal Circuit Wrestles with Prosecution Laches in Sonos v. Google

In 2020, Sonos sued Google in the N.D. of California, asserting two “zone scenes”  wireless speaker patents (US 10,848,885 and 10,469,966) that allow for overlapping groups of speakers. A jury found Google liable and awarded $30 million in damages. In an unusual move, District Judge William Alsup threw out the verdict in a 55-page post-trial order. He held the patents unenforceable for prosecution laches and invalid for lack of written descripti…Google · San FranciscoRead Article

Motorola Follows SAP with Mandamus Challenge to Acting Director Stewart's IPR Policy Reversal

by Dennis Crouch The Federal Circuit is now confronting a second major mandamus petition challenging the USPTO's major changes with regard to its approach to discretionary denials in inter partes review proceedings. In re Motorola Solutions, Inc., No. 25-134 (Fed. Cir. 2025).  Motorola presents an even more procedurally compelling challenge to Acting Director Stewart's retroactive system changes than the earlier In re SAP petition I discussed pr…United States · United StatesRead Article

Google v. Sonos: Oral Arguments

Today the Federal Circuit is hearing oral arguments in Google v. Sonos on the doctrine of prosecution laches. The panel is interesting and has the potential of resulting in a pro-Google decision.  Federal Circuit Judges Prost and Lourie, along with  D.N.J. District Court Judge Renée Marie Bumb, sitting by designation. Judge Lourie authored the Symbol v. Lemleson decision that revived the doctrine back in 2005. More interestingly, Judge Lourie wr…Google · New JerseyRead Article

Prior Art Document vs. Prior Art Process: How Lynk Labs Exposes a Fundamental Ambiguity in Patent Law

by Dennis Crouch The upcoming Supreme Court petition in Lynk Labs, Inc. v. Samsung Electronics Co., 125 F.4th 1120 (Fed. Cir. 2025), presents more than just another dispute about inter partes review scope. In my mind, it highlights a fundamental conceptual tension that has largely gone unnoticed in patent law discourse: the ambiguity in what we mean by "prior art" itself. This manifests as a clash between two competing frameworks that I call "pr…Washington DC · WashingtonRead Article

Corcept v. Teva Oral Argument: Infringement by Drug Label, Again

Guest post by Paul R. Gugliuzza & Jacob S. Sherkow An important recent development in pharmaceutical patent law is the Federal Circuit’s embrace of a theory we call, in a forthcoming article, infringement by drug label. In several decisions since 2021, the court has approved claims of induced infringement against generic drug companies simply because (i) the generic’s product label could be read to contain a patented method-of-use and, in some c…United States · United StatesRead Article

PTAB's New "Settled Expectations" Doctrine

by Dennis Crouch Acting Director Coke Morgan Stewart has been incredibly active in reshaping the PTAB's approach to IPR discretionary denials.  This post focuses on her newly implemented "settled expectations" doctrine that treats patent age as a primary factor for denying institution. This new framework was formalized in the March 26, 2025 "Interim Process for PTAB Workload Management" memorandum and subsequently applied in a series of Director…United States · United StatesRead Article

SAP’s Mandamus Petition Challenging Trump Admin's Discretionary Denial Policy Shift

by Dennis Crouch This post digs into the pending mandamus action In re SAP.  In the case, SAP raises a constitutional challenge to Director Stewart's aggressive discretionary denial approach -- as a violation of both due process and separation of powers. IPR2024-01495 Decision Denying Institution IPR2024-01495, -01496 Director Review Decision SAP - Mandamus Petition The IPR statute provides the USPTO Director virtually unreviewable authority to…United States · United StatesRead Article

Eye Therapies v. Slayback: Federal Circuit Abandons Standard Transition Construction

by Dennis Crouch Eye Therapies v. Slayback offers a concerning example of the Federal Circuit departing from well-established patent claim construction doctrine. In this case, the court abandoned the standard interpretation of the transitional phrase "consisting essentially of" after finding that the patentee's prosecution statements created sufficient grounds to narrow claim scope.  As I explain below, in my opinion, this result conflicts with …Read Article

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