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Sep. 16, 2026

Tech companies take fight over patent reviews to Supreme Court

Google, Intel, Tesla and Kahoot have asked the U.S. Supreme Court to review the patent office's sharp pullback on instituting inter partes review under the second Trump administration, but the solicitor general and legal experts say the America Invents Act makes those decisions unreviewable.

It used to be almost routine for the U.S. Patent and Trademark Office to institute inter partes review of patents, regardless of their age or the status of an underlying infringement lawsuit.

Not anymore.

A policy shift during the second Trump administration has prompted a series of petitions for U.S. Supreme Court review, including one from Alphabet-owned Google LLC that led the justices to ask Solicitor General D. John Sauer to weigh in.

Sauer urged the court t...

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