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Strike Two for CPC at High Court in Rule 36 Challenge

The U.S. Supreme Court today denied a petition for certiorari challenging the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) use of Rule 36 summary affirmances in appeals from the Patent Trial and Appeal Board (PTAB). CPC Patent Technologies petitioned the Court in March of this year asking the Justices to consider the question: “Whether the Federal Circuit can affirm a PTAB decision without opinion in contravention of the clear statutory requirement of an ‘opinion’ when reviewing such decisions.”

Eileen McDermott

7 hours ago 1

Supreme Court Denies Cert in Rapunzel Trademark Case

The U.S. Supreme Court on Monday denied a petition for a writ of certiorari filed by Rebecca Curtin, leaving in place a decision by the U.S. Court of Appeals for the Federal Circuit (CAFC) that barred her from opposing the trademark registration for “RAPUNZEL” for dolls and toy figures. The Court declined to review the CAFC’s holding that a consumer lacks the statutory entitlement to oppose a trademark registration under 15 U.S.C. § 1063 because such consumer interests fall outside the commercial zone of interests protected by the Lanham Act.

Rose Esfandiari

7 hours ago 0

The Supreme Court Picks the Wrong Patent Fight in Hikma v. Amarin

The Supreme Court’s decision to hear Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. is puzzling—and revealing. On its face, the case presents a narrow question: whether a generic drug manufacturer can be held liable for inducing patent infringement based on how it markets a product approved under a so-called “skinny label.” The dispute turns on whether Hikma’s conduct plausibly encouraged physicians to prescribe its generic drug for a patented use. But the Court’s decision to grant certiorari reflects something broader: a continued focus on lowering drug prices through faster generic entry, even at the risk of undermining the patent incentives that make pharmaceutical innovation possible.

Jeffrey Depp

8 hours ago 1

Federal Circuit Reverses Trade Secret and Patent Invalidity Rulings in Penile Implant Dispute

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision Friday in International Medical Devices, Inc. v. Cornell, reversing the United States District Court for the Central District of California’s denial of judgment as a matter of law (JMOL) on trade secret misappropriation, breach of contract, and patent invalidity claims. The district court had found that Dr. Robert Cornell and several other defendants misappropriated four trade secrets related to cosmetic penile implants, breached a nondisclosure agreement (NDA), and that two patents were invalid for failure to name an inventor. The CAFC reversed the denial of JMOL on those claims but affirmed the district court’s denial of JMOL for the defendants with respect to counterfeiting liability.

Rose Esfandiari

April 19, 2026, 12:15 PM 0

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

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

Other Barks & Bites for Friday, April 17: CAFC Reverses District Court Rulings in Penile Implant Patent Case; CJEU Clarifies Scope of ‘Pastiche’ Copyright Exception; Stanford AI Index Shows Tech Gap Between U.S. And China Nearly Gone

This week in Other Barks & Bites: the Federal Circuit reverses a California district court’s denial of JMOL on trade secret and patent inventorship claims related to a cosmetic penile implant; the Senate Commerce Committee unanimously advances a bill to reauthorize the National Quantum Initiative; the Court of Justice for the European Union clarifies the scope of the pastiche exception for new works sampling copyrighted works to engage in artistic, critical or humorous dialogue; and more.

Steve Brachmann

April 17, 2026, 01:30 PM 0

USPTO Pushes for More ASAP! Search Pilot Participants with Extended Deadline

The U.S. Patent and Trademark Office (UPSTO) announced today that it will be extending the Artificial Intelligence Search Automated Pilot Program (ASAP!) until June 1, 2026, to gather additional information and continue evaluating the program’s effectiveness. The Pilot was first announced in October 2025 and is meant to “evaluate the impact of sharing the results of an automated search prior to examination of an application.”

Eileen McDermott

April 16, 2026, 05:15 PM 4

Federal Circuit Distinguishes Amgen in Reversal of Invalidation of Teva Headache Treatment Patents

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Teva Pharmaceuticals International GmbH v. Eli Lilly and Company, reversing the United States District Court for the District of Massachusetts’s grant of judgment as a matter of law (JMOL) of invalidity of Teva Pharmaceuticals International GmbH and Teva Pharmaceuticals USA, Inc.’s headache treatment patents. The district court found that the asserted claims were invalid for failing to satisfy both the written description and enablement requirements of 35 U.S.C. § 112, but the CAFC found the district court’s grant of JMOL improper on both counts. The opinion was authored by Judge Prost and joined by Judge Cunningham and District Judge Andrews.

Rose Esfandiari

April 16, 2026, 04:39 PM 0

Arnold & Porter is Seeking a Senior Manager of IP Prosecution

Arnold & Porter is a leading international law firm with offices across the United States, Europe, and Asia. The firm delivers sophisticated regulatory, litigation, and transactional services to clients across a wide range of industries. Arnold & Porter is seeking a Senior Manager of IP Prosecution to join its Washington, DC office. This role provides firmwide leadership for the Intellectual Property Prosecution function, overseeing patent and trademark operations and ensuring the delivery of efficient, high-quality support to attorneys and clients.

JobOrtunities Help Wanted

April 9, 2026, 05:15 AM 0

Arnold & Porter is Seeking a Senior Manager of IP Administration

Arnold & Porter is an international law firm with 16 offices in the United States, Europe, and Asia that provides sophisticated regulatory, litigation, and transactional services across multiple industries. Arnold & Porter has an opening for a Senior Manager of IP Administration in the Washington, DC office. The Senior Manager of IP Administration oversees the firmwide IP Prosecution (Patent and Trademark) practice.

JobOrtunities Help Wanted

February 13, 2026, 05:15 AM 0

Business Development is Not Magic! How Successful Lawyers Build Thriving Practices – IPWatchdog Unleashed

This week on IPWatchdog Unleashed, I had the pleasure of speaking with Deborah Farone, founder of Farone Advisors, former Chief Marketing Officer of Cravath, Swain & Moore, and author of Breaking Ground: How Successful Women Lawyers Build Thriving Practices. Our conversation focused on how lawyers—particularly in highly technical fields like intellectual property—can build thriving practices through disciplined, strategic business development. The discussion underscores that business development is a skill, not an innate personality trait. Even introverted attorneys can succeed by taking incremental steps, practicing authentic communication, and focusing on listening rather than selling.

Gene Quinn

February 24, 2026, 03:30 PM 0

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