This year has brought change and disruption across the board, and that certainly holds true in the realm of intellectual property. With a new U.S. Patent and Trademark Office (USPTO) Director in Office, and a new presidential administration pulling the strings, has come significant change. While many welcome the shake-up, others view this rapid shift as a challenge, and that is reflected in the comments below. However, one common thread seems to run through most submissions we received this year, and that is that IP practitioners are thankful for the companionship they’ve found in the IP bar and the fellowship they feel towards their colleagues.
The U.S. Patent and Trademark Office (USPTO) and the U.S. Department of Justice (DOJ) filed a joint public interest comment with the U.S. International Trade Commission (ITC) on Tuesday, arguing that the strong enforcement of valid patent rights best serves the public interest. The filing, in the context of an ITC investigation into certain dynamic random access memory (DRAM) devices, asserts that exclusion orders should be the presumptive remedy for infringement.
The U.S. Patent and Trademark Office (USPTO) has rescinded its AI Inventorship guidance issued in February 2024 under the previous USPTO administration and published new guidance emphasizing that the Pannu factors for joint inventorship do not apply in the context of an AI invention involving a single inventor. The guidance issued on February 13, 2024, under previous USPTO Director Kathi Vidal discussed the relevance of the three-part test articulated in Pannu v. Iolab Corp. in determining inventorship in the context of AI-assisted inventions.
Every November, we gather around tables filled with the fruits of hard work and gratitude. It’s a season that reminds us to pause and appreciate not only what we’ve built, but also the unseen effort and foresight that made it possible. In innovation, that same kind of gratitude is found in something often overlooked but profoundly important: Freedom to Operate (FTO). Most founders understand the excitement of being patent pending. But few truly grasp what it means to be free to operate. The two are not the same.
This week on IPWatchdog Unleashed, we feature a panel discussion that took place on October 27 as a part of our annual life sciences program. Initially styled as a conversation about how artificial intelligence is transforming life sciences, it became quickly apparent that the conversation was not going to be limited to the life sciences sector. Instead the discussion evolved into a robust discussion about data risk and intellectual property, focusing on what every innovative company should have front of mind when considering the adoption of AI tools.
In our latest IPWatchdog Unleashed podcast, I spoke with Rob Sahr, shareholder at Wolf Greenfield and co-chair of our 2025 Life Sciences Masters™ program. Our conversation zeroed in on a hard truth the public rarely sees: moving a molecule from early discovery to an FDA-approved therapy requires a chain of scientific and economic miracles—and every one of them leans on a reliable patent system. In this conversation we discuss the extraordinary journey from molecule to medicine. Together, we explore how scientific breakthroughs depend not only on research and capital, but also on a stable and predictable patent system. From double patenting and government funding to judicial uncertainty and policy headwinds, our conversation dives into the fragile balance between innovation and patent policy—and the many scientific miracles required to bring new drugs to life.
In our latest IPWatchdog Unleashed podcast, we had a riveting and sometimes emotional conversation that unfolded around one of the most pressing issues in life sciences today: the journey of life-saving drugs from laboratory to patient. We discuss the pivotal role a strong patent system plays in this important journey with guest Sherry Knowles. Sherry is the founder of Knowles Intellectual Property Strategies and former Senior Vice President and Chief Patent Counsel for GlaxoSmithKline. In addition to being one of the leading voices in the life sciences and patent industries, Sherry is also a cancer survivor. Among other things we discuss numerous patent system challenges facing innovator drug companies, the downward pressure generic drugs place on the industry and leading to important drugs becoming unavailable, the role of Pharmacy Benefit Managers (PBMs) with respect to significantly raising the cost of drugs for Americans, and policy influences and legislation on Capitol Hill. Sherry also shares her personal story and insights into why patents are more than just legal constructs—they are deeply personal lifelines.
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision in EscapeX IP, LLC v. Google LLC, affirming a district court’s award of more than $250,000 in attorneys’ fees to Google. The ruling found that EscapeX IP, LLC had pursued a “frivolous” patent infringement lawsuit against Google LLC and that its attorneys had acted recklessly in prolonging the litigation.
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision affirming a district court decision that found claims of MediaPointe, Inc.’s patents for internet streaming technology either invalid as indefinite or not infringed. The decision was authored by Judge Taranto. Akamai Technologies, Inc. sued MediaPointe in 2022, seeking a declaratory judgment of non-infringement of MediaPointe’s U.S. Patent No. 8,559,426 and its child, U.S. Patent No. 9,426,195. MediaPointe counterclaimed for infringement of both patents and Akamai counterclaimed for judgment of invalidity of all claims of both patents.
This week on IPWatchdog Unleashed, we feature a panel discussion that took place on October 27 as a part of our annual life sciences program. Initially styled as a conversation about how artificial intelligence is transforming life sciences, it became quickly apparent that the conversation was not going to be limited to the life sciences sector. Instead the discussion evolved into a robust discussion about data risk and intellectual property, focusing on what every innovative company should have front of mind when considering the adoption of AI tools.
This week on IPWatchdog Unleashed we tackle the impact of tariffs and geopolitical uncertainty on intellectual property (IP) strategy, budgets and patent portfolios. In today’s fast-paced global economy, intellectual property (IP) teams face unprecedented challenges and opportunities. The world is witnessing a flux of geopolitical tensions, economic uncertainties, and rapid technological advancements, all of which demand agility and strategic foresight from IP professionals. Meanwhile, to complicate matters the United States is attempting to rearrange international business norms by diversifying supply chains for particularly important goods and components, while simultaneously aggressively using tariffs to change global economic behavior and settle international conflicts and wars. There is no doubt that this is a tumultuous time for all businesses, which demands attention, forethought and deliberate strategic action.
This week on IPWatchdog Unleashed we tackle the impact of tariffs and geopolitical uncertainty on intellectual property (IP) strategy, budgets and patent portfolios. In today’s fast-paced global economy, intellectual property (IP) teams face unprecedented challenges and opportunities. The world is witnessing a flux of geopolitical tensions, economic uncertainties, and rapid technological advancements, all of which demand agility and strategic foresight from IP professionals. Meanwhile, to complicate matters the United States is attempting to rearrange international business norms by diversifying supply chains for particularly important goods and components, while simultaneously aggressively using tariffs to change global economic behavior and settle international conflicts and wars. There is no doubt that this is a tumultuous time for all businesses, which demands attention, forethought and deliberate strategic action.
This week on IPWatchdog Unleashed, I speak with Dana Colarulli, who is a partner at ACG Advocacy—one of the premiere intellectual property lobby firms in Washington, DC. During our conversation we delve into the intricate world of patent policy and politics, discussing laws, the dynamic environment at the USPTO. Dana shares his extensive experience and insights on high-growth technology businesses. We address critical topics such as the recent shake-ups at the USPTO, the controversial “patent tax” proposal, how despite the fact that the USPTO is user-fee funded it is being swept up in broader Trump Administration efforts to downsize the federal government, what the word “innovation” really means, how businesses use intellectual property assets, the importance of predictable IP assets, the challenges of effective patent valuation, international collaboration and education to support small and medium size enterprises (SMEs), and much more.
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