No. 25-1230October Term 2025Before Arguments
Google LLC, Petitioner v. VirtaMove, Corp., et al.
from the United States Court of Appeals for the Federal Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Federal Circuit.
Question presented
1. Whether the PTO retains statutory authority to deny institution based on the “settled expectations” factor, where discretion is committed to the PTO and no statutory provision prohibits consideration of settled expectations. 2. Whether the “drastic and extraordinary” remedy of mandamus is appropriate where Google identifies no statutory text that has been violated and the Federal Circuit has held that an alternative vehicle—a notice-and-comment rulemaking challenge—remains available.
- Case path
United States Court of Appeals for the Federal Circuit / Accepted by the Court
- Area
Administrative Law
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Google has asked the Supreme Court to review a fight over when the Patent and Trademark Office can refuse to start inter partes review (a Patent Office process for rechecking a patent's validity). The petition centers on the agency's use of a patent owner's "settled expectations" after a patent has been in force for six years, and on whether mandamus (an emergency court order) is the right way to challenge that approach.
Argument
The case is still at the petition stage, and no oral argument is scheduled. The filing asks whether the PTO may rely on "settled expectations" to deny review and whether mandamus is an appropriate way to contest that policy.
Impact
The answer could shape how easy it is to challenge older patents at the Patent Office, even if a challenger says the patent was invalid from the start. That matters to companies accused of infringement and to patent owners who want older patents to be harder to reopen.
What is Google v. VirtaMove about?
It asks whether the Patent Office can refuse to reopen an older patent based on a patent owner's "settled expectations." It also asks whether an emergency court order is the right way to challenge that policy.
Who could be affected by Google v. VirtaMove?
Companies accused of infringing older patents could be affected if it becomes harder to seek Patent Office review. Patent owners could benefit if long-standing patents face fewer late challenges.
What happens next in Google v. VirtaMove?
The justices first must decide whether to hear the case. No oral argument is scheduled, and no decision window is available yet.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology