Plus a Serie A Rundown!
PTAB Designates Recent Decisions as Informative
The Patent Trial and Appeal Board designated a recent decision as informative. In the decision, Coke Morgan Stewart, Acting Director of the U.S. Patent and Trade Office (USPTO), ended the petitioner's challenges, noting that such review is unnecessary because a district court already found the patent to be ineligible under Section 101.
Stewart noted that the Board applied the Fintiv framework but "that framework generally addresses the impact of an ongoing proceeding ... " Here, the Fintiv framework "does not fit neatly with the circumstances of this case, where the district court already determined that the challenged claims are invalid under § 101 before the Board's decision." Regardless, Stewart found that the framework emphasizes efficiency and, here, the "efficiency and integrity of the patent system" are best served by denying institution.
USPTO Nominee Seeks Changes to the Patent System
John Squires, President Donald Trump's nominee to lead the USPTO, had his nomination hearing on May 21, 2025. Squires, on the whole, stated that the patent system needs to change and significant reform is necessary.
I am pulling out a few choice quotes:
- When asked about his previous representation of Fortress, Mr. Squires said his work was regarding "theories as patents as derivatives ..." and this was back in 2012. He also said he's been "rather tough on trolls ... and troll practice is exploitive as inventors ... not based upon the fundamentals ..." (starting around 00:42)
- When asked about whether executive officials must follow court orders, Squires noted that U.S. Supreme Court orders would be followed by the executive branch. (starting around 00:47)
- Squires believes in ending fee diversion at the USPTO – "fee diversion should end and the Patent Office should be allowed to run its office like a business." (starting around 1:10)
- On the impact of Section 101 jurisprudence, Squires said that "it's created uncertainty in the entire process" and this has hurt the U.S. in terms of innovation, especially when looking at how other countries are handling patentable subject matter. (starting around 1:11)
Michael Shapiro and Aruni Soni provide a good summary of the entire hearing at Bloomberg Law.
Serie A – It's Matchday 38!
Enough patent eligibility; let's talk calcio. It's matchday 38 – the final matchday of the year – and there is a ton to play for up and down the table. It's time to start that Paramount+ free trial.
First, the Scudetto: Napoli is currently ahead of Inter Milan by one point, so there is a possibility that Napoli and Inter finish level on points – i.e., Cagliari beat Napoli and Inter draw with Como. If that's the case, we'll have the treat of a one-game playoff to determine the title. Both Napoli and Inter play this Friday at 1:45 p.m. CT.
But more important is the race for Champions League. As a reminder, Serie A sends its top four teams to Champions League. Right now, three teams are competing for that coveted fourth spot: Juventus currently sit in fourth with 67 points, but Roma and Lazio are right behind with 66 and 65 points, respectively.
If Juventus defeat Venezia on Sunday, the fourth spot is theirs. But despite Venezia being in 19th place (out of 20), it may be a more difficult match than expected because Venezia are also playing for something important: their spot in Serie A for next year. If Venezia lose, they will move down to Serie B, Italy's second-tier league.
And if Juventus falter, Roma (or potentially Lazio, but who cares about Lazio) can grab that all-important fourth spot. It would be such a fitting end for Claudio Ranieri, who came out of retirement this year to guide Roma away from relegation and went on an incredible run toward the top of the Serie A Table. The fans paid him the appropriate respect at Roma's final home match this past Sunday.
Juventus, Roma and Lazio all play this Sunday, May 25, at 1:45 p.m. CT.
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