05/28/2026
Google’s latest patent dispute in front of the U.S. Supreme Court could reshape how older patents are challenged across the technology industry.
The company is challenging the USPTO’s use of a “settled expectations” standard after the PTAB refused to review an older software patent, raising broader questions around whether patent age itself should start limiting administrative challenges, even where Congress never formally imposed that restriction.
For technology companies, founders, and patent holders, the implications extend well beyond a single dispute. Older patents often sit at the center of software litigation, licensing negotiations, acquisition diligence, investor review, and broader intellectual property strategy. A shift in how those patents can be challenged changes leverage on both sides of the table.
The issue also reflects how quickly the procedural landscape surrounding PTAB review, patent enforcement, and administrative challenges continues evolving.
We work closely with companies navigating patent protection, disputes, enforcement strategy, and long-term intellectual property positioning as these shifts continue shaping the market.
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