Copyright and trademark rights act in tension with the First Amendment. Indeed, “unlike other property rights, [these] are a form of content-based, government-imposed speech restriction.” (Mark Lemley and Eugene Volokh, Freedom of Speech and Injunctions in Intellectual Property Cases, 48 Duke L.J. 147, 206 (1998)). As such, courts have determined that criticism, generally, puts the critic beyond the reach of a copyright or trademark claim.
Today, the U.S. Supreme Court denied the petition for writ of certiorari filed in Genuine Enabling Technology LLC v. Sony Group Corp., which challenged lower court rulings dismissing Genuine Enabling Technology’s (GET) patent infringement claims against Sony Playstation controllers under the doctrine of equivalents. In denying cert, the Court avoided clarifying whether a patentee’s statutory presumption under 35 U.S.C. § 112(f) to equivalents of a means-plus-function claim can be extinguished as a matter of law for failing to account for each component of the claimed structure.
Every U.S. Patent and Trademark Office (USPTO) Director leaves office. Very few leave a legacy that could fundamentally change the future of American innovation. Director John A. Squires has an extraordinary opportunity to do just that. For more than a decade, independent inventors, startups, small businesses, universities, and those investing in American innovation have asked Congress to address the unintended consequences of the America Invents Act (AIA) and the Patent Trial and Appeal Board (PTAB). Congress held hearings. Members acknowledged the problems. Legislation was introduced. Organizations rallied behind reform. Year after year, inventors traveled to Washington, told their stories, and pleaded for meaningful change. And year after year, the problems remained. Then came Director Squires.
Technology collaboration between the United States and Korea has grown quickly, from semiconductors and artificial intelligence to biotechnology and advanced manufacturing. More joint research agreements are being signed, but the importance of their IP provisions is often overlooked. This can cause problems later, because the two countries have different legal rules that even experienced counsel can miss.
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.
Earlier this year, with an effective date of April 9, 2026, the United States Patent and Trademark Office (USPTO) introduced the Patent Cooperation Treaty (PCT) Informed Examination Request (PIER) Pilot Program. Curiously, while most USPTO pilot programs allow the applicant to opt in or opt out, the PIER Pilot Program precludes input from the applicant on the matter and rather imposes itself on the applicant. The USPTO decides which applications will take part in the PIER Pilot Program, and the decision is not challengeable.
This week in Other Barks & Bites: The U.S. Patent and Trademark Office (USPTO) has sworn in former counsel to Judge Pauline Newman as Solicitor; Reuters reports that this week’s massive tech selloff could delay the anticipated initial public offering of Anthropic stock; the Western District of Washington releases an unredacted version of the Federal Trade Commission’s complaint over Amazon’s covert price shifting for ad auctions; a Government Accountability Office Report shows that backlog reduction efforts at the USPTO are contributing to patent examiner attrition, in turn making agency goals unsustainable; and more.
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.
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.
This is the best way to stay informed. We send a daily roundup of our latest news, press releases, and events.
Get Email Updates