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USPTO to Consider Extent of U.S.-Based Operations in Deciding AIA Institutions
The U.S. Patent and Trademark Office (USPTO) issued a memo late on Wednesday indicating that the USPTO Director will consider additional discretionary factors for institution of inter partes review (IPR) and post grant review (PGR) going forward that focus on the extent to which products involved in those proceedings are manufactured and sold in the United States.
Eileen McDermott
2 hours ago
1
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CAFC Reverses District Court’s Finding of Eligibility for Columbia Antivirus Software Claims
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued two precedential decisions in The Trustees of Columbia University of the City of New York v. Gen Digital Inc., reversing, vacating and remanding a district court judgment that Columbia’s patent claims were patent eligible in one, and reversing a contempt order against the Defendant’s counsel, Quinn Emanuel Urquhart & Sullivan, LLP, in another.
Eileen McDermott
20 hours ago
2
CAFC Reverses Judgment of Indefiniteness in Crop Harvester Patent Dispute
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision in Richard Gramm, Reaper Solutions LLC v. Deere & Company, reversing a district court’s judgment of invalidity due to indefiniteness. The court determined that the district court improperly restricted the corresponding structure of a means-plus-function claim limitation to a structure that was not necessary to perform the recited function. The court also held that no algorithm disclosure was required, since an older version of the accused structure used logic circuitry rather than a microprocessor.
Rose Esfandiari
21 hours ago
0
A Response to Opposition of the ‘Stealing Isn’t Innovation’ Campaign
Just over a month ago, the Human Artistry Campaign launched “Stealing Isn’t Innovation”—a graphic advertising campaign backed by over 1,000 artists, performers, authors, organizations and other creators. The Copyright Alliance joined dozens of groups and organizations supporting this powerful moment of creative community unity and strength. The campaign’s high-level three-word-message was simple and obvious, and difficult to contest. On a policy level, the campaign was widely, and correctly, understood as a clear statement supporting the core principle that training AI models on copyrighted works should be licensed by willing buyers and sellers. “Big AI” published its response to this campaign in late February, speaking through two tech-aligned proxies—the Foundation for American Innovation (FAI) and Public Knowledge (PK). For a number of reasons, it’s deeply unpersuasive.
Keith Kupferschmid
22 hours ago
1
Inside the PTAB Reset: Practical Fixes for a Reengineered PTAB | IPWatchdog Unleashed
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.
Gene Quinn
February 3, 2026, 03:29 PM
2
Strengthening IP Enables Human Creativity and Economic Mobility | IPWatchdog Unleashed
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.
Gene Quinn
January 27, 2026, 11:56 AM
1
Patent Reset: 2025’s Pivotal Moments and What Comes Next
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.
Gene Quinn
December 22, 2025, 04:05 PM
1
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What Shrinking Patent Budgets Say About the Patent System/ IPWatchdog Unleashed
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.
Gene Quinn
March 10, 2026, 12:15 PM
5
SCOTUS Denies Petition Seeking Review of Second Circuit’s Trademark Co-Ownership Ruling
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.
Rose Esfandiari
March 10, 2026, 07:15 AM
0
SCOTUS Denial of Lynk Labs Petition Preserves Unpublished Patent Applications as Prior Art in Pre-AIA IPRs
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.
Steve Brachmann
March 9, 2026, 05:15 PM
1
Why PTAB Reform Alone Won’t Save the U.S. Patent System | IPWatchdog Unleashed
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.
Gene Quinn
January 20, 2026, 09:58 AM
1
Pioneering AI Innovations and Legacy: A Conversation with Inventor Gil Hyatt / IPWatchdog Unleashed
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.
Gene Quinn
January 13, 2026, 02:15 PM
4
Entrepreneurship, Innovation and Becoming a Patented Inventor: Behind the Scenes with Renee Quinn
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.
Gene Quinn
January 6, 2026, 02:15 PM
1
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