Eileen McDermott

On the same day it granted a trademark petition, the U.S. Supreme Court denied certiorari in a number of patent cases as its term nears an end, including the closely-watched case of Hyatt v. Squires, which challenged the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) approach to the doctrine of prosecution laches. In addition to the Hyatt case, the Court also denied cert today in Finesse Wireless LLC v. AT&T Mobility LLC, et. al.; Polar Electro Oy v. Firstbeat Technologies Oy; and Ortiz & Assoc. Consulting, LLC v. Vizio, Inc.

This week in Other Barks & Bites: public interest groups voice their opposition to the PRO CODES Act for allowing private ownership of code standards incorporated by reference into public law; the Eleventh Circuit reverses the Middle District of Florida for failing to consider evidence of non-generic use in a cheerleading competition trademark case; the Federal Trade Commission files an amicus brief arguing that no specific intent is required to show that Johnson & Johnson’s patent acquisitions were anticompetitive; the European Patent Office publishes a study analyzing dozens of landmark cases on licensing rate determinations for standards-essential patents; and more.

The United States Senate Committee on Finance today held a hearing to consider the nominations of five individuals to be Commissioners of the International Trade Commission (ITC). Two of the nominees—Peter-Anthony Pappas (R) and David Foley (R)—have played key roles in IP policy on the Hill over the last several years. Introducing Pappas was Senator Thom Tillis (R-NC), under whom Pappas presently serves as   Director of Intellectual Property Policy for the Senate Judiciary Committee, where Tillis Chairs the Subcommittee on Intellectual Property (IP).

The U.S. Patent and Trademark Office (USPTO) on late Monday issued a notice designating as precedential a Sua Sponte Director Review Order of a Patent Trial and Appeal Board (PTAB) decision granting institution in three inter partes review (IPR) proceedings. The order waived the 14-day deadline for requesting Director Review of a decision to institute trial and denied institution under Hulu, LLC v. Piranha Media Distribution, LLC, IPR2024-01252, Paper 27 (Director Apr. 17, 2025).

The U.S. Supreme Court today denied a petition for certiorari in Dolby Laboratories Licensing Corporation v. Unified Patents LLC, a case that asked the High Court to consider whether patent owners have a right to require Patent Trial and Appeal Board (PTAB) petitioners to identify all real parties in interest (RPIs) in inter partes review (IPR) proceedings. The petition stems from a precedential June 2025 U.S. Court of Appeals for the Federal Circuit (CAFC) decision dismissing Dolby Labs’ appeal from the PTAB for lack of an injury-in-fact to confer Article III standing. The Federal Circuit held that, although patent owners might have the right to dispute unnamed RPIs during IPR proceedings, the America Invents Act (AIA) does not give patent owners a freestanding right to identify RPIs.