The Supreme Court Returns with 13 Patent Petitions on Its Docket: Why This Matters for Innovators

The Supreme Court's Justices return on September 28, 2026, for their annual long conference with an unusually full patent docket. Thirteen cert petitions arising from patent disputes are awaiting review, with at least two more recently filed and five additional extension applications signaling that even more petitions are on the way this fall. The cases raise fundamental questions about inter partes review, patent eligibility, and how damages are calculated in infringement cases. For any business that holds patents or depends on patented technology, these decisions could reshape the rules of the game.

What Is at Stake

Among the most closely watched petitions is Google LLC v. VirtaMove, Corp. (No. 25-1230), one of five cases challenging 35 U.S.C. Section 314(d), the statute that makes the Patent Trial and Appeal Board's decision to institute inter partes review "final and nonappealable." The tech industry has pushed hard to make these institution decisions reviewable by the courts, arguing that the PTAB sometimes denies review based on discretionary policies rather than the merits. In a significant development, the Solicitor General filed a brief opposing certiorari in VirtaMove, suggesting the government believes the current system does not need fixing. If the Court agrees and declines to hear these cases, the PTAB's broad discretion to deny review will remain intact.

This issue matters because the PTAB has become one of the most important venues for resolving patent validity disputes since the America Invents Act created inter partes review in 2012. Under the USPTO's NHK-Fintiv framework, PTAB judges have discretion to deny petitions for review even when there is a strong case that the patent should not have been granted. Major technology companies, including Apple, Google, Intel, and Cisco, have challenged this framework in multiple proceedings, arguing that it forces them into expensive federal court litigation when a faster and cheaper administrative review should be available. Earlier in 2026, the Federal Circuit upheld the framework, concluding that the policy did not carry the force of law and therefore did not require formal rulemaking procedures.

Why the Supreme Court's Patent Docket Matters

The Supreme Court has been relatively quiet on patent law in recent terms. Over the past year, the Court denied 36 patent petitions and granted only one (Hikma Pharmaceuticals). That restraint has left several important questions unresolved, including the scope of patent eligibility under Section 101, the proper calculation of lost profits and reasonable royalty damages, and the standard for determining when claims are indefinite. Each of these areas affects how patents are valued, enforced, and defended across every industry.

For patent holders, the outcome of the IPR-related petitions is particularly significant. If the Court takes up one of the Section 314(d) cases and rules that institution decisions are reviewable, it would give patent challengers a new avenue to appeal unfavorable decisions. Conversely, if the Court lets the current framework stand, patent owners will continue to benefit from the PTAB's discretion to deny challenges, particularly when parallel litigation is already underway in federal court. The balance between these two outcomes has real consequences for the cost and strategy of patent enforcement.

Key Takeaway for Business Owners

Whether you hold patents or face potential infringement claims, the Supreme Court's decisions this fall could directly affect your enforcement options and litigation costs. Patent owners should understand that the availability of inter partes review as a tool for challengers may change depending on how the Court rules. If you are building a patent portfolio, now is a good time to review your filing strategy and ensure your claims are drafted to withstand scrutiny under the current eligibility standards. If you are on the other side and considering challenging a competitor's patent, stay informed about how the PTAB's discretion to accept or deny review may evolve.

Staying ahead of changes in patent law is essential for protecting your competitive advantage. Schedule a free consultation with Diorio IP Law Group to discuss how to strengthen your patent strategy and prepare for the legal landscape ahead.