US Supreme Court declines Google appeal over patent office review policy

what happened

The US Supreme Court on Monday refused to take up an appeal from Alphabet over a policy of the US Patent and Trademark Office. Google had challenged the validity of a patent owned by software firm VirtaMove, which accused Google of infringement. At issue is the agency’s “settled expectations” standard, which makes the Patent Trial and Appeal Board more inclined to turn down review requests for patents in force longer than six years.

According to Reuters, citing a report from IP company Patexia, Samsung, Apple and Alphabet were the three most frequent petitioners from 2020 to 2025. The share of reviews the board accepted fell to 37% in 2026 under John Squires, the Trump-appointed head of the patent office, versus 65% under his predecessor Kathi Vidal, per an April agency report.

Google argues the agency exceeds its authority by imposing an artificial time limit on petitions. The Trump administration urged the court to stay out. Separately, a group including Google, Apple and Intel is suing over a related policy; the Federal Circuit ruled against them in February, and Intel and Google have asked the Supreme Court to take that case too.

why it matters

For markets the story is mainly sector-specific: the rule shapes how costly and risky patent disputes are for large technology firms. A refusal to hear the case leaves the policy in place, which keeps legal uncertainty around older patents elevated for Alphabet, Apple and Samsung.

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