The U.S. Supreme Court has declined to hear an appeal from Alphabet Inc.’s Google, leaving in place a federal patent office policy that restricts administrative reviews for older patents.
Core Dispute:
The dispute stemmed from a software patent infringement case involving developer which accused Google of infringing upon its server technology.
The legal battle centered around a software patent infringement dispute between Google and a developer named VirtaMove, which accused Google of infringing on its server software technology.
Google’s stance:
In response, Google sought to challenge the validity of the patent through the Patent Trial and Appeal Board (PTAB), an administrative tribunal housed within the U.S. Patent and Trademark Office.
However, the agency declined to initiate the review by applying its “settled expectations” practice, a framework under which the board more frequently rejects petitions to review patents that have been active for more than six years.
The patent office argues that older patents have built up “settled expectations” for their owners in the marketplace, making them less appropriate for administrative cancellation procedures.
In response, Google argued in its Supreme Court appeal that the patent office exceeded its statutory authority by imposing artificial time restrictions that were never established by Congress.
By refusing to hear the case, the Supreme Court left lower-court rulings intact without issuing a detailed opinion.
Broader context:
Previously, Lower courtsrejected Google’s challenge, and with the Supreme Court opting not to intervene, the policy remains active, dealing a notable setback to major technology companies that routinely rely on these administrative procedures to contest questionable patents.
For tech giants like Google, Apple, and others—who frequently rely on PTAB reviews to invalidate overly broad or suspect software and hardware patents—this decision is a notable blow.
It solidifies the patent office’s power to gatekeep administrative challenges, leaving tech firms with fewer avenues to clear out older patents they are accused of infringing.
