From Nasdaq:

The U.S. Supreme Court denied Intel and Edwards Lifesciences’ bid to challenge a U.S. Patent and Trademark Office policy that reduced the number of patents the federal agency reviews. The lower court’s decision was upheld, dismissing their lawsuit. This will affect the process of inter partes review, commonly used by big tech companies to contest patents they are accused of infringing.

The Supreme Court also rejected previous requests by Intel, Apple, and Viatris-owned generic drugmaker Mylan to review the patent office’s policy. The Patent Trial and Appeal Board’s rule, adopted in 2020, gives judges greater discretion to deny petitions, undermining the role of inter partes review in protecting a strong patent system.

The U.S. Court of Appeals for the Federal Circuit upheld part of the decision to dismiss the case last year. The Federal Circuit also reinstated part of Apple’s challenge. Companies including Tesla, Honda, Comcast, and Dell filed briefs in support of the plaintiffs. The case is Intel Corp v. Vidal, U.S. Supreme Court, No. 23-135.

Representatives for Intel and the patent office declined to comment on the Monday decision. The parties involved have legal representation in the form of law firms or solicitors.

(Note: This article is the author’s opinion and doesn’t reflect those of Nasdaq, Inc.)



Read more: US Supreme Court rejects new Intel challenge to federal patent policy