Jay Mitra Interviewed in Law360: “4 Patent Cases to Watch in the Second Half of 2026”
Jay Mitra was interviewed in a Law360 article titled “4 Patent Cases to Watch in the Second Half of 2026.” The article discusses the top developments affecting patent law and policy so far this year, including new limits on the ability to challenge patents tied to when they were issued, the invalidity standards for antibody patents, and the test for design patent infringement.
Mitra commented on a U.S. Supreme Court case that focuses on one of the most contentious policies imposed by the U.S. Patent and Trademark Office in the past year: the office’s practice of denying review based on the patent’s age. In Google LLC v. VirtaMove Corp., Google — backed by many amicus briefs — told the Supreme Court that the America Invents Act did not limit the availability of reviews based on a patent's age, and thus the USPTO had no authority to create the policy.
Google's petition presents an "important question to answer: how absolute can the authority be for the USPTO to exercise its powers?" said Mitra. "I think that is, at the heart, the fundamental question that I would like to have the answer to."
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