This Week in Other Barks & Bites: the Seventh Circuit remands a Schedule A trademark case to determine whether the Hague Convention’s terms on proper service apply to particular Chinese defendants; President Donald Trump criticizes the automotive industry’s alleged efforts to impede consumer choice on auto repairs; he Eleventh Circuit finds no valid copyright termination notice sent in a case involving members of 2 Live Crew; and more.
Harrity & Harrity, LLP is looking for remote (within the U.S.) or local patent professional superstars to prosecute 5G patent applications for leading global technology companies, including numerous Patent 300® companies.
At approximately the same moment that the U.S. Supreme Court handed down today’s landmark ruling in Hikma v. Amarin, the House Judiciary’s Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet began a hearing on balancing medical innovation and access to generic drugs. Much of the hearing’s discussion was focused on proposed patent bills that favor generic drug makers–though whether they would ensure that Americans actually pay less for any drug, branded or otherwise, remains unclear.
The U.S. Supreme Court today issued its decision in Hikma Pharmaceuticals USA v. Amarin Pharma, Inc., holding that Amarin failed to “plausibly allege” that Hikma actively induced infringement of its “icosapent ethyl” product, marketed as Vascepa. The decision, which was originally seen as a so-called skinny label case applying narrowly to the pharmaceutical industry and Hatch-Waxman litigation, scolded the U.S. Court of Appeals for the Federal Circuit (CAFC) for its recent approach and has potentially far-reaching implications for the induced infringement standard across sectors.
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.
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.
This week on IPWatchdog Unleashed, my conversation with patent broker Louis Carbonneau centers on a fundamental breakdown in the economic engine that has historically driven innovation. While innovation itself has not disappeared, the incentive structure that once enabled a repeatable cycle—innovate, patent, monetize, reinvest—has eroded. Large market participants increasingly operate under a “use now, pay later (if ever)” model, which disproportionately disadvantages individual inventors and smaller entities. As a result, many innovators are unable to sustain continued development beyond an initial breakthrough, leading to a systemic drag on long-term innovation output. This shift is reinforced by a broader cultural normalization of “free” access to intellectual property, which has migrated from the copyright into the patent and innovation industry.
The New Civil Liberties Alliance (NCLA) this week filed a reply brief in the U.S. Supreme Court on behalf of U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman. The reply brief responded directly to the opposition brief filed by the Solicitor General, representing the Judicial Council of the Federal Circuit, on May 12, which urged the Court to deny review of Newman’s petition.
On April 30, 2026, U.S. Patent and Trademark Office (USPTO) Director John A. Squires issued an updated memorandum on Best Practices for Submission of Rule 132 Subject Matter Eligibility Declarations (SMEDs), “superseding” the December 4, 2025, memos that launched the current iteration of the SMED program. While the April 30 memo introduces no substantive changes to the underlying framework — the principles of the original SMED Examiner Memo, the relevant Manual of Patent Examining Procedure (MPEP) provisions, and the Alice/Mayo two-step analysis all remain — the update matters to practitioners for at least two reasons: it confirms that SMEDs are actually working, and it signals that the Office intends to refine the guidance over time as practitioners gain more experience with the tool.
ArentFox Schiff LLP is seeking a patent attorney or patent agent with five or more years of experience to join the firm’s Intellectual Property practice in San Francisco. The successful candidate will draft and prosecute U.S. and worldwide patent applications in a client-facing role that requires direct engagement with inventors and scientists. For attorney candidates, this is a non-partnership track position. A bachelor’s degree or higher in Electrical Engineering, Patent Bar registration, and demonstrated expertise in wireless telecommunications — including 5G/6G and WiFi — are required. Strong written, oral, and organizational skills are essential. Current experience preparing patent applications for Qualcomm is highly preferred, and additional experience in areas such as power devices, analog circuits, medical devices, software, mechanical devices, or 3D printing is a plus.
This week on IPWatchdog Unleashed, I spoke again with Fran Cruz, Senior Vice President of IP Solutions for Juristat. Our conversation was about a topic that should be top of mind for every patent prosecution firm, every in-house IP department, and every legal operations professional trying to make sense of the current market for patent related legal work. Where is patent prosecution work going, when does work move from firm to firm, when it does move, where is it moving, and what will firms have to do to win—or keep—the patent preparation and prosecution work?
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.
This week on IPWatchdog Unleashed, I spoke with Brent Bellows, a partner with Knowles Intellectual Property Strategies (KIPS). We discussed a variety of issues including Hatch-Waxman, Orange Book listings, paragraph IV certifications, skinny labels, generic entry, clinical trial costs, regulatory exclusivity, and the enormous financial risk associated with bringing new drugs to market. Gene and Brent explore the tension between public demand for lower drug prices and the need for durable incentives that make high-risk drug development economically viable, particularly for oncology, Alzheimer’s, Parkinson’s, antibiotic resistant bacteria, and other difficult-to-treat conditions. The episode closes with a broader innovation-policy message: patents are not a peripheral feature of drug development—they are a core operating asset that enables private-sector investment, supports breakthrough therapies, and ultimately drives the availability of future generic medicines.
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