Tag: APA
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US Inventor v. Squires: Federal Circuit Rejects Standing to Challenge Patent “Right to Exclude” Language
The Federal Circuit’s decision in US Inventor, Inc. v. Squires, Case No. 24-2378 (Fed. Cir. Aug. 21, 2026), reinforces a significant obstacle facing organizations seeking judicial review of federal patent policy: neither resources spent responding to government conduct nor a member’s completed past injury necessarily creates Article III standing to seek prospective relief. Applying the Supreme Court’s decision…
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Apple v. Squires: Federal Circuit Upholds NHK-Fintiv Against APA Rulemaking Challenge
On February 13, 2026, the Federal Circuit issued its long-awaited decision in Apple Inc. v. Squires, No. 2024-1864 (Fed. Cir. Feb. 13, 2026), affirming that the USPTO Director’s NHK-Fintiv framework governing discretionary denials of IPR institution is a “general statement of policy” exempt from notice-and-comment rulemaking under 5 U.S.C. § 553(b). The opinion closes what…
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In re Brunetti: Failure to Function Gets an APA Tune-Up from the Federal Circuit
The Federal Circuit’s decision in In re Brunetti, No. 23-1539 (Fed. Cir. Aug. 26, 2025), sits at the uneasy intersection of trademark doctrine, administrative law, and cultural ubiquity. At issue was whether the word “FUCK,” sought to be registered in standard characters for a range of consumer goods and retail services, fails to function as…
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Federal Circuit Vacates PTAB Decision in CQV Co. v. Merck Patent GmbH, Raising Key Issues in Patent Infringement and Prior Art Analysis
The United States Court of Appeals for the Federal Circuit recently issued an opinion in CQV Co., Ltd. v. Merck Patent GmbH, vacating and remanding the Patent Trial and Appeal Board (PTAB) decision regarding U.S. Patent No. 10,647,861. The ruling focuses on key legal issues related to patent infringement, prior art determination, and procedural fairness…