USPTO Patent Trial and Appeal Board (PTAB) Chief Judge David P. Ruschke is stepping down from his current role on September 2, 2018, to accept a new position as Senior Advisor to Patents, according to the USPTO.

The U.S. Patent and Trademark Office is not entitled to an award of attorneys' fees under the statutory language in 35 U.S.C. 145 stating that "[a]ll the expenses of the proceedings shall be paid by the applicant," the en banc Federal Circuit held July 27, 2018 in a 7-4 decision. Nantkwest, Inc. v. Iancu, Fed. Cir., No. 16-1794, 7/27/2018.

Section 284 of the Patent Act permits an award of foreign lost profits as well as damages for infringement under Section 271(f)(2) by supplying components of a patented invention overseas for assembly there, the Supreme Court held June 22, 2018. WesternGeco LLC v. Ion Geophysical Corp., U.S., No. 16-1011, 6/22/2018. The ruling is consistent with an AIPLA amicus brief filed in this case.

On April 24, 2018, the US Supreme Court released two decisions related to Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).