I keep hearing the same thing from patent professionals across the industry—inside companies, inside law firms, and even from investors. Patent budgets are shrinking, expectations are rising, and nobody seems willing to admit what that combination actually means.
The U.S. Supreme Court on Monday denied certiorari in Zioness Movement, Inc. v. The Lawfare Project, Inc., a case in which Zioness Movement sought review of a U.S. Court of Appeals for the Second Circuit decision that upheld a jury verdict allowing two competing nonprofit entities to co-own the “Zioness” trademark.
Today, the U.S. Supreme Court denied a petition for writ of certiorari filed by LED lighting developer Lynk Labs to challenge the U.S. Court of Appeals for the Federal Circuit’s ruling last January upholding the invalidation of Lynk Labs’ patent claims. The Supreme Court’s denial leaves in place the Federal Circuit’s determination that U.S. patent applications are prior art as of their filing date in inter partes review (IPR) validity proceedings conducted under the pre-America Invents Act (AIA) statute.
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday issued a precedential decision holding that the principle of forfeiture can apply even where an intervening correction of inventorship was granted that would have directly affected the outcome of a Patent Trial and Appeal Board (PTAB) proceeding. The opinion was authored by Judge Cunningham.
In this episode of IPWatchdog Unleashed, I speak with Matt Johnson, Co-Chair of the PTAB Practice at Jones Day, and we take an in-depth look at the Patent Trial and Appeal Board (PTAB) nearly a decade and a half after its launch. Johnson and I discuss the ongoing PTAB reset at the United States Patent and Trademark Office (USPTO) and suggest practical fixes for a better, reengineered PTAB. The majority of the conversation is devoted to concrete, targeted reform suggestions that would lead to a better functioning PTAB and more streamlined IPR review system. Instead of abstract complaints, Johnson proposes narrowing PGR estoppel to encourage early challenges, moving IPR estoppel to the point of institution to eliminate gamesmanship, separating institution decisions from full merits adjudication to reduce confirmation bias, and rethinking quiet-title concepts to better align notice to implementers with settled expectations of patent owners.
In this week’s episode of IPWatchdog Unleashed, I speak with Megan Carpenter, who just recently stepped down as Dean of UNH Franklin Pierce School of Law after more than eight years. Our conversation was part personal journey and business philosophy together with a candid assessment of the IP ecosystem. We tackle emerging issues, including AI’s impact on legal practice and education. And we discuss the role of IP as essential to sustaining innovation in a rapidly evolving global economy, and fostering human creativity, innovation, and economic mobility.
As we wind down 2025 it is time to reflect on the year that was, and what the future will bring. This year was punctuated by a structural reset for the U.S. patent system. What unfolded was not just incremental reform, but a coordinated shift driven by leadership change, policy realignment, economic pressure, and accelerating adoption of AI—all converging to reshape how patents are examined, challenged, monetized, and managed. This week on IPWatchdog Unleashed we explore the monumental changes and the biggest trends that impacted the patent and innovation industry during 2025, and which will play an important role in defining 2026.
From a trickle just a few years ago, AI use in the patent profession has become a rushing torrent. AI tools, features, and applications are now an integral and sometimes invisible part of patent practice. From invention harvesting and prior art searching to drafting, filing, opinion work, litigation, and licensing, the savvy patent practitioner almost certainly has AI embedded somewhere in their workflow.
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision in Magnolia Medical Technologies, Inc. v. Kurin, Inc., affirming a district court’s judgment as a matter of law of no infringement. The court determined that the plain and ordinary meaning of a claim with separately listed limitations requires separate corresponding structures, and because the accused product utilized a single structure for both limitations, it did not infringe as a matter of law.
The U.S. Patent and Trademark Office (USPTO) announced Thursday that it will convene an Appeals Review Panel (ARP) to examine the issues raised by a 2025 rehearing decision of the Patent Trial and Appeal Board (PTAB) with respect to obviousness-type double patenting (ODP). In Ex Parte Baurin, issued on December 18, 2025, the PTAB denied an examiner’s request for reconsideration of the Board’s November 8, 2024, decision reversing the examiner’s ODP rejections of several claims of US Application No. 17/135,529, directed to antibody-like binding proteins. The Board found that the reference patent the examiner relied upon for its ODP analysis, U.S. Patent No. 10,882,922, was not a proper ODP reference because it was later filed and later expiring than the application in the present case.
In the latest episode of IPWatchdog Unleashed, I sat down with my good friends Brad Close, who is the Executive Vice President of Transpacific IP, and Jim Carmichael, a former judge on the Board of Patent Appeals and Interferences and founder of Carmichael IP. Brad, Jim and I engaged in a candid conversation that provides our unvarnished assessment of the Patent Trial and Appeal Board (PTAB), where it started historically, where it is today, and where it may finally be headed. Bottom line: the PTAB is no longer the automatic execution squad it once was, but durable patent rights will require reform well beyond the agency level.
This week on IPWatchdog Unleashed, I sat down with prolific inventor Gil Hyatt, exploring his innovative journey and aspirations to leave a lasting legacy. One of the key highlights of the conversation was Gil’s creation of a non-profit Pioneering AI Foundation, which is aimed at advancing AI technology and bolstering U.S. economic interests. This non-profit organization is set to hold Gil’s substantial portfolio of AI patent applications, which cover his pioneering work dating back to the 1980s, and includes groundbreaking claims in artificial intelligence that could revolutionize sectors like education, manufacturing, and trade.
This week on IPWatchdog Unleashed, I sat down with my business and life partner, Renee Quinn. In addition to telling Renee’s story about how she found her way into the intellectual property world, and through our sometimes-comical banter, we together explore what it really takes to build, sustain, and continuously reinvent an entrepreneurial company like IPWatchdog. What emerged was a practical roadmap for entrepreneurship, invention, navigating platform risk, and focused on the necessity of constantly being ready to pivot as old business models start to show signs of age and ultimately falter. From Renee’s journey from IP outsider to patented inventor, to firsthand lessons learned navigating Amazon’s reseller ecosystem, the discussion highlights how intellectual property operates in the real world, not the classroom.
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