Fresh From the Bench: Latest Precedential Patent Case
Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.
CASE OF THE WEEK
In re Motorola Solutions, Inc., Appeal No. 2025-134 (Fed. Cir. Nov. 6, 2025)
Our case of the week is one of a series of cases challenging newly-enacted procedures by the Trump Administration that are having a significant effect on the inter partes review regime set up by the America Invents Act. In a sign that the Federal Circuit may not interfere with the overhauling of the IPR system, the Federal Circuit denied a mandamus petition.
The America Invents Act established a new procedure for parties to challenge the validity of patents: the inter partes review. That procedure has been wildly successful for patent challengers—especially those who have been accused of patent infringement. Rather than litigate a case for years in the federal court system, an accused infringer can seek a finding that the patent is invalid from a panel of three judges at the Patent Office in a process that is faster and less expensive than in federal court, has a lower burden of proof, and does not involve the same level of uncertainty as having a case decided by a jury. Over the past twelve years, thousands of petitions for inter partes review have been filed, and thousands of patents have been found invalid.
Editors:
Nika Aldrich, IP Litigation Group Leader, Schwabe
Jason A. Wrubleski, Shareholder
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