One day after her petition for rehearing was denied by the U.S. Court of Appeals for the Federal Circuit (CAFC), pro se inventor Carrie Hafeman has filed a petition for Extraordinary Director Review and Sua Sponte Review with the U.S. Patent and Trademark Office (USPTO). The petition asks the Director to vacate institution and the Final Written Decisions in six related inter partes reviews (IPRs) due to alleged Sotera Stipulation violations by Google and Microsoft.
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Google LLC v. DDC Technology, LLC, affirming the Patent Trial and Appeal Board’s (PTAB) determinations that Google did not prove claims in three DDC Technology patents directed to hand-held virtual reality (VR) viewers unpatentable as obvious.
Today, the U.S. Government Accountability Office (GAO) published a report on efforts at the U.S. Patent and Trademark Office to reduce the current backlog of unexamined U.S. patent applications at the agency, which announced its intention to reduce the backlog to fewer than 599,000 patent applications last September. The GAO’s report casts a pall on those efforts, which have been contributing to patent examiner attrition that, left unchecked, could prevent the USPTO from reaching its backlog reduction goal within the next five years.
Yesterday, the U.S. Court of Appeals for the Second Circuit reversed and remanded the Southern District of New York’s dismissal of trade secret misappropriation claims filed against fintech company Arcesium by rival SS&C Technologies. Deciding that a broad definition of “use” under the Defend Trade Secrets Act (DTSA) was consistent with Second Circuit case law, the appellate court held that the district court erred in finding no misappropriation of SS&C’s alleged trade secrets and improperly credited Arcesium’s explanation of emails attached to SS&C’s complaint at the motion to dismiss stage.
This week on IPWatchdog Unleashed, we have a discussion about the IP risks associated with AI use and adoption, with Stephanie Curcio, Marlene Valderrama, Kendra Ervin and Rinat Shangeeta. The discussion reveals a consequential gap with how businesses are deploying AI. Many companies are moving faster to adopt AI than their governance, contracting and IP review processes can accommodate. For those responsible for protecting innovation and confidential information, the challenge is ensuring that enthusiasm for AI adoption does not obscure the consequences of how these tools are actually used.
The USPTO deserves some credit for recognizing that applicants may at times need an opportunity to explain technical improvements that examiners have failed to appreciate, but there is real risk associated with filing a SMED that should cause practitioners to pause rather than race forward without serious consideration. And despite some difference of opinion, we all agreed on an essential point: Filing a SMED should not be the first line of defense against an eligibility rejection; it should should be treated as a last resort. Filing a SMED requires serious consideration of the advantages, disadvantages, and alternatives. Examiner interviews, arguments grounded in the existing specification, appropriate claim amendments, and appeals all deserve careful consideration before ever adding sworn statements to the prosecution history. The question must be whether the declaration supplies something genuinely necessary to advance the case, and even then must be intentionally specific and narrow.
A patent’s economic value and the price it commands in a licensing negotiation can be very different things. The technology may deliver substantial commercial benefits, yet the amount a patent owner can capture depends on legal risk, enforcement costs, negotiating leverage, and each party’s business objectives. This week on IPWatchdog Unleashed, we ask how much a patent is really worth, and how to prove it at a negotiating table or in court. This conversation, which occurred as part of IPWatchdog’s 2026 Women’s IP Forum, examines how sophisticated licensors, licensees, counsel, and valuation professionals assess patent value in real-world transactions and disputes. The conversation explored royalty structures, comparable licenses, portfolio strength, litigation and validity risk, damages principles, standard-essential patent (SEP) licensing, and the practical factors that drive parties toward—or away from—a deal.
Advocate General Maciej Szpunar of the Court of Justice of the European Union (CJEU) issued an opinion on Tuesday in the first case on generative AI to reach the Court. The opinion ultimately held that “the retrieval and reuse, in real time, of online press publications by AI chatbots in order to generate answers to user queries may, in certain circumstances, infringe the rights of press publishers.” The opinion is nonbinding on the CJEU.
On October 14, 2026, the Food and Drug Administration (FDA) announced the Rare Disease Framework Initiative. The goal of this effort is quite essential for patients with rare (orphan) diseases – to develop an approach for assessing medicines for orphan diseases with a focus on the evidence that can be gathered for this assessment. The FDA proposes to include disease characteristics, patient needs, patient population size, and characteristics of orphan medications. The initiative does not itself establish new approval standards. Although the initiative relates to regulatory evidence matters, it also raises a separate legal question about the evidence needed to support patent claim scope.
This week on IPWatchdog Unleashed, we have a discussion about the IP risks associated with AI use and adoption, with Stephanie Curcio, Marlene Valderrama, Kendra Ervin and Rinat Shangeeta. The discussion reveals a consequential gap with how businesses are deploying AI. Many companies are moving faster to adopt AI than their governance, contracting and IP review processes can accommodate. For those responsible for protecting innovation and confidential information, the challenge is ensuring that enthusiasm for AI adoption does not obscure the consequences of how these tools are actually used.
This week on IPWatchdog Unleashed, I speak with Nancy Braman. Recorded before a live audience at IPWatchdog’s 2026 Women’s IP Forum, our conversation explores how practitioners create opportunities, develop professional relationships, and build the skills necessary to succeed in patent law. From taking PLI patent bar review course before law school, to attending Franklin Pierce Law School, to spending more than three years writing and researching for IPWatchdog and now litigating high-stakes patent and intellectual property disputes for life sciences and technology companies. She has already had quite the journey, and I sense it is really just beginning.
This week on IPWatchdog Unleashed, IPWatchdog President Renée C. Quinn spoke with Coke Morgan Stewart. Formerly Acting Director and Deputy Director of the U.S. Patent and Trademark Office (USPTO), Stewart is now president and CEO of the Council for Innovation Promotion (C4IP). Their conversation, recorded at IPWatchdog’s 2026 Women’s IP Forum, examines what she learned while leading the agency, why she believes the patent system needs legislative reform, and how her experience has shaped her approach to leadership and advocacy.
This week on IPWatchdog Unleashed, I spoke with Fran Cruz and Marlene Valderrama. Recorded before a live audience following IPWatchdog’s Women’s IP Forum, our conversation explored how professionals build relationships that lead to business, career opportunities, and better ways of doing their jobs. Drawing on their perspectives at Juristat and Halliburton, respectively, Fran and Marlene returned to a fundamental point: earning someone’s attention begins with understanding what matters to them. That requires asking questions and actually listening.
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