Supreme Court unanimous: skinny-label inducement hinges on what the generic actually did, not how a physician might read it. Hikma v. Amarin clarifies the standard. Read the analysis on Patently-O.

Supreme Court cert petition in Ortiz v. Vizio challenges Federal Circuit's expansion of patent marking requirements to NPEs. Does a covenant not to sue count as a license? Patently-O explores the conflict with Wine Railway and Dunlap precedents.

Patent specs have nearly quadrupled since 2005 while claim counts fell. A new Patently-O analysis reveals supply-side economics - not Alice - is driving the growth. What does this mean for patent drafting strategy?

Plain meaning seemed straightforward until Woodway's dual Federal Circuit arguments revealed the real battleground: standard of review and disclaimer scope. Our latest analysis breaks down this two-front claim construction fight.

Google's cert petition in VirtaMove just got a major boost - seven amici filed briefs attacking the PTO's controversial six-year "settled expectations" bar on IPR institution. Read the latest analysis on Patently-O.

Applicants are citing fewer references after the USPTO's January 2025 IDS surcharge took effect. Our analysis shows a 27% drop in citations per patent - from 56 to 41. US-origin references saw the steepest decline. Read our latest post on Patently-O to understand the trends.

Federal Circuit overturns $452M trade secret verdict in Insulet v. EOFlow, applying a single-claim discovery rule that diverges from copyright law. New post on Patently-O explores the DTSA's limitations and accrual timing implications.

U.S. patent applications doubled in 20 years - but American-origin filings stayed flat. What's really driving the surge? Patently-O investigates what this disconnect reveals about innovation trends.

The Solicitor General's brief in Hyatt v. Squires reframes the prosecution laches debate - moving focus from gap-filling to background principles. Read the latest analysis on Patently-O.

Apple's battle with Lodsys over app developer patent suits is a classic Patently-O case worth revisiting. See how a warning letter sparked a major licensing dispute in our latest throwback.

New analysis at Patently-O: Corrected examiner data reveals the post-2019 PEG rebound in section 101 rejections was even steeper than previously reported, with some recent softening under Stewart-Squires.

IPR petition filings hit historic lows in 2026. Is this the market's rational response to Director Squires' near-zero institution rate? Read our latest analysis on Patently-O to understand what's reshaping post-grant review.

Apple's major patent acquisition from Freescale Semiconductor is worth revisiting. The 200+ patent transfer, finalized in 2011, included assets tracing back to Motorola. A classic case of tech giants strategically building their IP portfolios. Revisit this deep dive on Patently-O.

Trade secret plaintiffs have options. In Versata v. Ford, a willing licensor can still pursue unjust enrichment damages. Read our latest analysis on the plaintiff's choice of remedy at Patently-O.

With IPRs on the decline post-Squires, district courts are taking the lead on section 103 obviousness challenges. New on Patently-O: why bench judges should treat PTAB precedent as persuasive authority.

Judge Gilstrap rejects categorical rules on both sides of the eBay test. Collision v. Samsung shows the complexity of NPE status and equitable relief. Read the latest analysis on Patently-O.

Fifty years of patent claim drafting data reveal how Williamson reshaped the landscape. See our new analysis of functional claim language trends from 1976-2026, including the rise of "configured to" language.

New on Patently-O: The Federal Circuit weighs in on post-IPR litigation, the presumption of validity, and when courts can award fees under section 285. A nuanced ruling on surviving claims and sanctions.

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The Federal Circuit is celebrating America 250 in style - with a Schoolhouse Rock-inspired theme song and open doors on July 3! Free tickets become available May 19 at 11:30 a.m. ET. Learn more on Patently-O about this unique judicial outreach event.

Design patent rejections are skyrocketing. Our latest analysis shows §102 rejections have jumped sevenfold since 2008, with Amazon listings now dominating as prior art. Read how e-commerce is reshaping design patent prosecution on Patently-O.

New Patently-O analysis: USPTO data reveals a curious pattern in §112 rejections. §112(b) rejections drop between office actions, while §112(a) rejections climb. What does this tell us about examiner behavior?

New on Patently-O: Polar Electro's cert petition raises a critical question - can courts build their own Section 101 invalidity case when a movant fails to support its motion? SCOTUS may soon weigh in.

Revisiting a classic Patently-O case: GREE v. SuperCell, a $92 million patent dispute over the hit mobile game Clash of Clans. This Federal Circuit decision raises key questions about patent eligibility - a must-read for gaming and patent law enthusiasts.

Two years after LKQ Corp. v. GM, examiners have ditched the Rosen-Durling boilerplate - but rejection rates haven't budged. Our latest 297-case study on Patently-O reveals the surprising disconnect in patent examination practice.

New post on Patently-O: The Federal Circuit's decision in Actelion v. Mylan clarifies how courts read ambiguous claim terms like "pH of 13" - and when prosecution estoppel blocks doctrine of equivalents arguments.

Firmware fix wins the day. Federal Circuit affirms ITC's no-infringement ruling for Tineco's redesigned floor cleaners, blocking Bissell's exclusion order. A key win on source code evidence rules too.

New on Patently-O: Nesarikar v. USPTO reveals critical micro-entity traps for inventor-employers. Learn how the employment-assignment exception and standing paradox could affect your patent strategy.

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New on Patently-O: Despite the LKQ decision, design patent prior art rejection rates remain remarkably stable at around 1%. Our latest analysis of Hague application data reveals surprising prosecution trends and a modest recovery pattern post-decision.

Time machines, black holes, and glucose metabolism - three of 2026's wildest § 101 utility rejections are now on Patently-O. Discover what the USPTO found lacking in these creative patent applications and what it reveals about patent eligibility doctrine.

Surprise finding: 16 years of USPTO §101 data reveal what actually shapes examiner decisions. Spoiler - it's not Supreme Court doctrine. Read our latest analysis on Patently-O to see what really moves the needle.

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Does a Texas contract dispute over an EPR settlement raise patent law questions? The Federal Circuit tackles jurisdiction in T-Mobile v. KAIFI. Read the latest analysis on Patently-O.

Quality patent law analysis shouldn't cost you money. Patently-O offers free subscriptions for individuals earning under $75K/year. Subscribe today and stay informed. https://patentlyo.com/login-2

Federal Circuit affirms § 101 dismissal of a vehicle-pairing patent after an oral argument concession. A cautionary tale on abstract ideas and patent eligibility. Read the full analysis on Patently-O.

Throwback: Gary Odom's toolbar patent gets invalidated by the Federal Circuit. A classic case examining patent validity for UI innovations. Revisit this important decision on Patently-O.

New on Patently-O: The Federal Circuit just dealt another blow to indefinite language in patent claims. In Enviro Tech v. Safe Foods, "about" fell short when the specification offered conflicting guidance. Learn why approximation words are becoming risky business for patent drafters.

A major shift in patent strategy: Ex parte reexamination requests have surpassed IPR petitions for the first time since the AIA. Explore what's driving this trend on Patently-O.

Six Federal Circuit en banc petitions are pending - covering patent eligibility, expert witness standards, ANDA infringement, standing, and design patents. New analysis on Patently-O explores what these cases could mean for patent law.

New on Patently-O: How do international sanctions affect FRAND obligations? Meade J.'s Samsung v. ZTE decision applies the InterDigital framework to export controls, with significant implications for Huawei and beyond. A must-read for patent licensing strategy.

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New post: Hikma v. Amarin reveals a razor-thin distinction between generic drugs and active inducement. We analyze how the SG's argument collapsed the intent and conduct elements of induced infringement.

New en banc petition alert: Range of Motion challenges whether the Federal Circuit's "plainly dissimilar" test flips Gorham's substantial-sameness standard for design patents. Functionality questions at stake. Read the full analysis on Patently-O.

Google challenges the PTO's "settled expectations" doctrine at SCOTUS. Can the Director deny IPR petitions based on this non-statutory limitation? And what role should courts play in reviewing such denials? New analysis on Patently-O.

Revisiting a classic: Radio Systems Corp. v. Accession explores ex parte contact with USPTO examiners. A small inventor's patent dispute with big lessons about examiner communications. Worth reading again on Patently-O.

A Patently-O classic: TiVo v. EchoStar and the rules governing post-injunction contempt when accused infringers modify their products. Essential reading on how courts police compliance with permanent injunctions.

Argument preview: How does Cox v. Sony reshape inducement liability in Hikma v. Amarin? Patently-O breaks down three critical questions for Wednesday's oral argument on skinny-label pharmaceuticals and section 271(b).

Judge Alan Albright is stepping down from WDTX at the end of August. But the patent venue shift to EDTX and Midland-Odessa is already underway. Read the full analysis on Patently-O.