Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article predicting the “International Trade Commission will have an active 2026 managing its docket of patent cases due to expanded access for patent owners and operational delays”;
- a blog post discussing how former U.S. Patent and Trademark Office Director Andrei Iancu testified at the U.S. House of Representatives Ways and Means Committee’s subcommittee hearing and “spoke to several ways that our nation’s adversaries and trading partners alike are weakening American IP rights and how those issues should be addressed by U.S. policymakers”;
- an article reporting how “U.S. Patent and Trademark Office Director John Squires has denied 47 requests for America Invents Act patent reviews and granted eight other petitions, continuing his practice of spurning most patent challenges that reach his desk since he took over the handling of institution decisions”; and
- an article examining “a recent Federal Circuit decision holding that [inter partes review] estoppel does not apply to ongoing ex parte reexamination proceedings.”
Sheila Swaroop and Jonathan Bachand authored an article for Bloomberg Law predicting the “International Trade Commission will have an active 2026 managing its docket of patent cases due to expanded access for patent owners and operational delays.” The authors explain how two decisions by the Federal Circuit in 2025 “relaxed domestic industry requirements, which likely will send more patent cases to the ITC involving smaller companies and those that manufacture products abroad.” The authors also highlight how a “backlog created by the 43-day government shutdown will require the ITC to balance new complaints and pending investigations that have been awaiting hearings and resolution since early October.”
Steve Brachmann penned a blog post for IPWatchdog discussing how former U.S. Patent and Trademark Office Director Andrei Iancu testified at the U.S. House of Representatives Ways and Means Committee’s subcommittee hearing and “spoke to several ways that our nation’s adversaries and trading partners alike are weakening American IP rights and how those issues should be addressed by U.S. policymakers.” Brachmann recounts how “Iancu urged the passage of several bills before Congress, including bills like the RESTORE Act aimed at improving modes of relief against patent infringement and the NO FAKES Act, which would enhance enforcement against counterfeit goods.” Brachmann notes that “Iancu also pushed the House Trade Subcommittee, which has jurisdiction over the U.S. International Trade Commission (USITC), to work against efforts to reconsider the public interest analysis at the USITC.”
Theresa Schliep authored an article for Law360 reporting how “U.S. Patent and Trademark Office Director John Squires has denied 47 requests for America Invents Act patent reviews and granted eight other petitions, continuing his practice of spurning most patent challenges that reach his desk since he took over the handling of institution decisions.” Schliep indicates Squires and Deputy Director Coke Morgan Stewart “have made it more difficult for patent challenges to go forward at the PTAB by embracing arguments such as settled expectations or the contention that patents in force for some time should be immune from review.” Schliep indicates “[t]he agency also is pursuing policies that preclude challenges to patents previously subject to scrutiny.”
David McCombs and Jonathan Bowser authored an article for Westlaw Today examining “a recent Federal Circuit decision holding that [inter partes review] estoppel does not apply to ongoing ex parte reexamination proceedings.” The authors point out that the holding that “IPR estoppel does not apply to ongoing EPRs provides an important clarification to patent owners and third parties considering challenging patents asserted in litigation.” On the other hand, the authors note, “patent owners may need to defend asserted patents in two different validity proceedings at the Patent Office.”