Statement by the Software & Information Industry Association (SIIA) on the Amicus Brief Urging Supreme Court Review in Google LLC v. Virtamove Corp.

SIIA joined a coalition of industry associations in filing an amicus brief supporting Google's petition for Supreme Court review in Google LLC v. Virtamove Corp. The brief argues that recent U.S. Patent and Trademark Office (USPTO) policies have dramatically restricted access to America Invents Act (AIA) patent review proceedings, despite Congress creating those proceedings as a critical mechanism for challenging improperly issued patents.

The coalition contends that the USPTO has adopted a series of extra-statutory rules that effectively prevent many patent validity challenges from being heard on the merits, including policies based on so-called "settled expectations," accelerated litigation schedules, and expanded estoppel doctrines. The brief warns that these changes undermine congressional intent, reduce opportunities to correct invalid patents, and expose innovative companies across the technology, manufacturing, automotive, software, and retail sectors to costly litigation based on patents that may never receive meaningful administrative review. The amici urge the Court to clarify that the USPTO must follow the statutory framework established by Congress rather than treating those requirements as discretionary.