Law360 interviewed appellate attorneys to discuss the issues and trends they’ll be watching in 2026. Artificial intelligence is undoubtedly at the forefront, as key cases developments in AI were presented in 2025. Practitioners expect to see growing tension around patent eligibility under Section 101 and the AI guidance that has recently been issued by the USPTO.
Charles T. Collins-Chase, co-leader of Finnegan’s appellate section, stated, “The USPTO's pro-AI stance may collide squarely with the Federal Circuit's Section 101 precedents and result in some AI patents being held invalid." He added, “We expect to see similar types of cases, and likely some similar results, coming over the course of the next year.”
Read The Topics Appellate Attys Are Tracking Most Closely in 2026
