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Fed. Cir. affirms design patent injunction denial in Jacki Easlick v. CJ Emerald, declining to address Schedule A practice in a single footnote. Continue reading this post on Patently-O.
The Federal Circuit denies en banc rehearing in Range of Motion v. Armaid. Chief Judge Moore says Markman was built for text, not pictures. Continue reading this post on Patently-O.
How a reference gets its provisional filing date as prior art after the Federal Circuit rejected thirteen years of USPTO examination policy. Continue reading this post on Patently-O.
Ex parte Baurin sustains double patenting on an anti-harassment theory the USPTO distrusts, with the Federal Circuit's In re Ablynx up next. Continue reading this post on Patently-O.
Examiner allowance rate data through January 2026 shows no Squires bump. The rate sits near 75%, well below the 2022-2023 peak above 82%. Continue reading this post on Patently-O.
AI applications draw §101 rejections at 42% against 7% for everything else, while §103 rates are identical. The 2019 guidance effect has eroded. Continue reading this post on Patently-O.
FedEx's cert petition, No. 26-170, asks whether Section 314(d) bars review when the PTAB refuses to decide a real party in interest dispute. Continue reading this post on Patently-O.
OpenAI is now named in more published U.S. utility patent applications than Adobe or Hewlett-Packard, rising from essentially zero in 2016. Continue reading this post on Patently-O.
Issa's H.R. 10026 would name the Federal Circuit's main courtroom for Judge Newman. Congress wrote the statute that keeps her out of it. Continue reading this post on Patently-O.
PTAB § 101 reversals fell from 21% to 15% since April 2026, giving back half the Squires-era gain but staying above the 9.4% baseline. Continue reading this post on Patently-O.