US Supreme Court declines Google challenge to patent-review policy

The US Supreme Court declined to hear Alphabet’s challenge to a US Patent and Trademark Office rule that can make older patents harder to review. The appeal followed VirtaMove’s infringement case against Google.

The Patent Trial and Appeal Board has become more likely to reject inter partes review requests involving patents in force for more than six years. Google argued the policy creates a time limit Congress did not authorize; the administration urged the court to reject the appeal.

The decision leaves the policy in place while a separate challenge by Google, Apple and Intel over a related policy remains pending.

Inter partes review is a major defensive tool for technology companies. This ruling may make the age of a patent an even more important factor in litigation strategy.

The justices’ refusal is not a ruling that VirtaMove’s patent is valid. It leaves the lower-court outcome and the agency’s review practice undisturbed in this dispute.

Image: Google.

Sources

• Reuters