Feb. 11, 2026
Patent office changes shift the playing field in tech litigation
A quiet but dramatic shift at the U.S. Patent and Trademark Office is stripping tech companies of one of their most powerful tools for fighting patent infringement claims -- and attorneys are scrambling to adapt.
Attorneys are reassessing their strategies in the wake of a decision by the U.S. Patent and Trademark Office last year making it much more difficult to challenge the validity of patents under a 2011 federal law.
Inter partes review, which allows accused infringers to seek review of whether patents are valid even if an infringement lawsuit already is filed in district court, can now only go forward with the permission of the patent office director or the acting director.
F...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In