On July 31, 2025, the United States Patent and Trademark Office (USPTO) issued a significant memorandum signaling a shift in inter partes review (IPR) strategy, namely, the Office will no longer waive the enforcement of 37 C.F.R. § 42.104(b)(4). The new rule requires that petitions must “specify where each element of the claim is found in the prior art patents or printed publications relied upon.”

On July 28, 2025, the Federal Circuit issued a decision in Jiaxing Super Lighting Electric Appliance Co. v. CH Lighting Technology Co., Ltd., No. 23-1715, that vacates a nearly $15 million jury award and clarifies two important doctrines in patent law: the on-sale bar and the apportionment requirement in damages analysis.

In a recent decision, the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR) proceedings requested by Sandisk Technologies, Inc. and Western Digital Technologies, Inc. against Polaris PowerLED Technologies, LLC. The denial was issued under the Board’s discretionary authority pursuant to 35 U.S.C. § 314(a), signaling the continuing relevance of equitable considerations in post-grant proceedings.

As of July 7, 2025, the USPTO has officially raised the cap on its popular Track One prioritized examination program, increasing the annual limit from 15,000 to 20,000 requests per fiscal year. That means more applicants than ever can take advantage of this fast-track option to secure patent protection in record time.

The Standing Committee of China’s National People’s Congress (NPC) passed a significant amendment to the Anti-Unfair Competition Law (AUCL) of the People’s Republic of China. The amended law, which will take effect on October 15, 2025, represents a continued effort by Chinese authorities to modernize competition rules in response to evolving commercial practices, particularly in the digital and platform economy.

On March 24, 2025, the U.S. Patent and Trademark Office (USPTO) issued a memorandum providing guidance on its recent decision to rescind the "Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation." This change reverts policy to pre-2022 guidance, specifically the precedential decisions in Apple Inc. v. Fintiv, Inc. and Sotera Wireless, Inc. v. Masimo Corp.

Perilla Knox & Hildebrandt LLP proudly congratulates Brad Groff on being named to Super Lawyers for the 19th consecutive year. This prestigious recognition is a testament to Brad’s deep expertise in intellectual property law and his dedication to delivering outstanding results for our clients. Brad is widely known in Atlanta and nationwide.

Perilla Knox & Hildebrandt LLP, a boutique intellectual property law firm, proudly marks its third anniversary, celebrating significant growth and the opening of a new satellite office in Boca Raton, Florida.