The U.S. Patent and Trademark Office issued a significant policy shift on July 31, 2025, announcing it will strictly enforce a procedural rule that has been loosely applied for years, potentially making it harder for challengers to invalidate patents through
Jeffer Mangels Butler & Mitchell LLP
Jeffer Mangels Butler & Mitchell LLP is a California-based law firm that publishes blogs primarily focused on business law and litigation. Their content covers a broad range of legal practice areas including labor and employment, taxation, trusts and estates, intellectual property, real estate, environmental law, and corporate matters such as mergers and acquisitions. The firm also addresses industry-specific topics like natural resources, mining, healthcare, and entertainment. Their blog posts often analyze recent court rulings, legislative updates, and regulatory changes affecting these sectors. The firm provides insights into both state and federal legal developments, with a particular emphasis on California law and its intersection with broader national issues.
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USPTO Director Once Again Blocks Patent Challenges Based on “Settled Expectations” for “Older” Patents
The U.S. Patent and Trademark Office has denied institution of Inter Partes Review (IPR) proceedings against two Applied Optoelectronics patents in a discretionary decision that highlights how patent age can influence administrative challenges.
In a decision dated June 27, 2025,…
CrowdStrike’s Two-Petition Strategy Backfires in Director Review
The U.S. Patent and Trademark Office Director has granted Director Review and vacated the Patent Trial and Appeal Board’s decisions to institute two separate inter partes review (IPR) proceedings challenging the same patent claims in a dispute between CrowdStrike, Inc.…
Spacing Out: PTAB Rejects Word Count Challenge Over Missing Spaces
In a recent inter partes review institution decision, the Patent Trial and Appeal Board (PTAB) addressed and rejected a procedural challenge regarding word count compliance, providing guidance on formatting requirements and waiver of procedural objections.
In IPR2025-00112, Patent Owner Miracor…
Means-Plus-Function Trap: How Procedural Missteps Killed an IPR Before It Started
The Patent Trial and Appeal Board (PTAB) has denied a petition for inter partes review of Phenix Longhorn LLC’s patent, ruling that the petitioner failed to properly address means-plus-function claim limitations as required by USPTO rules.
Background
In IPR2025-00044, Petitioner…
PTAB Hands Tied on National Security as Chinese Firm Targets Micron Patent
The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) rejected Micron Technology’s arguments that national security and foreign policy concerns should prevent a Chinese memory manufacturer from challenging an American patent, highlighting current limitations on the Board’s…
Dead Patents Walking: PTAB Review Survives Expiration
The U.S. Court of Appeals for the Federal Circuit delivered a noteworthy ruling on Jan. 27, 2025, definitively establishing that the Patent Trial and Appeal Board (PTAB) retains jurisdiction to conduct inter partes review (IPR) proceedings even after patents have…
DOI Implements Expedited Permitting Procedures for Energy and Critical Mineral Projects
The U.S. Department of the Interior (“DOI”) has announced “emergency” permitting procedures to accelerate energy and critical mineral projects (DOI official announcement here) under Executive Order (“EO”) 14156, Declaring a National Energy Emergency. These changes prioritize rapid approvals for…
Trump Administration Advances First Wave of Critical Mineral Projects Under Expedited Permitting
The Trump administration has unveiled the first 10 mining projects designated for accelerated federal permitting under Executive Order 14157, Immediate Measures to Increase American Mineral Production, which prioritizes expedited permitting, federal land leasing, and funding of mining projects (discussed in our…
Trump Administration Accelerates Resolution Copper Mine Approval, Advancing Domestic Mineral Agenda
Following President Trump’s March 20, 2025, Executive Order (“EO”) 14157, “Immediate Measures to Increase American Mineral Production” (discussed in our blogpost here), and recent recognition of valid existing rights to continue mining for gold and rare earth elements at…