Patent Docket Heading into the Supreme Court’s Long Conference

WISECODE Take

The US Supreme Court will review 13 patent petitions, including Google v. VirtaMove (No. 25-1230), on September 28, 2026. Many mistakenly view this as a game exclusive to tech giants. The core issue lies in 35 U.S.C. § 314(d) regarding whether IPR institution decisions are truly non-appealable, with the US government filing an opposition on September 11. This outcome will shape how companies challenge patent validity in the US. If your products are not sold in the US, this case has no impact on you. However, for those expanding to the US, it affects bargaining power against patent trolls, and Intellect Standard's patent portfolio health check can help identify these risks early. Companies should take two actions. First, do not rely solely on IPR administrative reviews when facing US litigation. Second, monitor the late September conference; if denied, the USPTO's administrative discretion remains highly secure. With only 1 of 37 patent petitions granted last year, the Court is expected to reject most petitions this term as well.