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USPTO Rehearing Decision for Patent Application 16/319,040

The USPTO Appeals Review Panel has vacated a previous Board decision regarding a new ground of rejection under 35 U.S.C. § 101 for patent application 16/319,040. This decision pertains to claims related to training machine learning models and does not disturb other prior Board decisions.

USPTO Order Convening Appeals Review Panel for Ex parte Baurin

The USPTO has convened an Appeals Review Panel (ARP) to rehear ex parte Appeal 2024-002920 concerning Application 17/135,529. The review will focus on the Board's reversal of obviousness-type double patenting (OTDP) rejections. Appellant is authorized to file a limited brief by March 27, 2026.

USPTO Director Denies Inter Partes Review Institution

The USPTO Director has granted a review, vacated a prior decision to institute an Inter Partes Review (IPR), and denied institution. This action stems from the patent owner's argument that the petitioner took inconsistent claim construction positions in district court litigation compared to its IPR petition.

USPTO Vacates Institution of Inter Partes Review in Carbyne v Tritech

The USPTO Director has vacated the institution of an Inter Partes Review (IPR) in the case of Carbyne, Inc. v. Tritech Software Systems. The Director found that the petitioner, Carbyne, Inc., failed to adequately explain inconsistent claim construction positions taken before the USPTO and in district court litigation.

USPTO Director Vacates Institution of Inter Partes Review in Cisco v. Dynamic Mesh Networks

The USPTO Director has vacated the institution of an Inter Partes Review (IPR) in the case of Cisco Systems, Inc. v. Dynamic Mesh Networks, Inc. The decision was based on the patent owner filing a statutory disclaimer of all claims and the entire term of the challenged patent prior to institution, rendering the review moot.

USPTO Order Initiating Director Review of Inter Partes Review

The USPTO Director has initiated a sua sponte review of decisions granting inter partes review (IPR) in cases involving Advanced Micro Devices, Inc. and Pensando Systems, Inc. (Petitioners) against XtreamEdge, Inc. (Patent Owner). This review is prompted by the Patent Owner's request alleging Petitioners violated a stipulation by raising invalidity challenges in parallel district court litigation that could have been raised in the IPR.

USPTO Rehearing Decision on Patent Eligibility for Machine Learning

The USPTO Appeals Review Panel vacated a previous rejection of patent claims related to machine learning training methods under 35 U.S.C. § 101. This decision revises the patent eligibility assessment for certain AI-related inventions, impacting technology companies and manufacturers seeking patent protection.

USPTO Director Review Vacates Institution, Remands IPR Cases

The USPTO Director has granted a review, vacated decisions to institute two Inter Partes Review (IPR) proceedings against two patents held by Birchtech Corp., and remanded the cases. The Director found that instituting multiple petitions against the same patent claims for efficiency reasons was an abuse of discretion.

PTAB Grants New Filing Date and Expunges Documents in IPR Proceeding

The USPTO Patent Trial and Appeal Board (PTAB) has accorded a new filing date of January 5, 2026, to a petition for inter partes review filed by Curium US LLC. This decision follows an updated mandatory notice identifying additional real parties in interest. Consequently, prior filings related to the original petition, including a request for discretionary denial, have been expunged.

USPTO Denies Inter Partes Review Due to Chinese Government Control

The USPTO Director denied an Inter Partes Review (IPR) petition filed by Tianma Microelectronics Co., Ltd. against LG Display Co., Ltd. The denial was based on national security interests, as Tianma is affiliated with China's Aviation Industry Corporation (AVIC), a Chinese government-controlled entity on the Commerce Department's entity list. This decision also interprets the Supreme Court's 'Return Mail' ruling to bar foreign governments from filing IPR petitions.