A recent U.S. Court of Appeals for the Third Circuit ruling upholding the federal Inflation Reduction Act (IRA)’s drug price negotiation program has been appealed to the U.S. Supreme Court, one of many challenges to the Act’s constitutionality. The IRA requires drugmakers to sell selected patented drugs to the government for its Medicare Parts B & D programs at a stipulated “maximum fair price”. If they don’t agree to these prices, then they face tax penalties on sales of the drug exceeding their profits from it, or the exclusion of all their drugs from Medicare and Medicaid purchases. This would foreclose access to up to 160 million patients, accounting for around 40% of US prescription drug spending or 20% of global prescription drug spending. US government purchases are valued at $200 billion annually.
On Friday, January 23, the U.S. Court of Appeals for the Fourth Circuit issued a ruling in Allen v. Stein that likely ends a decade-long copyright battle over documentary footage of a state-sponsored salvage project exhuming a shipwreck associated with the famed pirate Blackbeard. Reversing and vacating rulings by the Eastern District of North Carolina, the Fourth Circuit found that an erroneous legal standard was used in allowing Allen to pursue a new theory for his copyright claims, remanding the case to the district court with directions to dismiss Allen’s complaint with prejudice.
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday vacated and remanded a final written decision from the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) proceeding. The court concluded that the Board erred by requiring petitioner Guardant Health, Inc. to show a motivation to combine steps that were already disclosed in sequence in a single prior art reference.
On Friday, the U.S. Court of Appeals for the Federal Circuit issued a nonprecedential ruling in Orange Electronic Co. Ltd. v. Autel Intelligent Technology Corp., Ltd. reversing the Eastern District of Texas’ denial of judgment as a matter of law (JMOL) to defendant Autel. The Federal Circuit did not reach Orange’s appeal of Eastern Texas’ JMOL ruling of noninfringement after finding that Autel’s asserted prior art met every limitation of the asserted claims, leading the appellate court to overturn the district court on obviousness instead.
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.
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.
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 in Other Barks & Bites: a petition for writ filed by USAA to challenge the Federal Circuit’s application of Section 101 is distributed for conference at the U.S. Supreme Court; the TRAIN Act is introduced into the U.S. House of Representatives to give copyright owners the right to subpoena records for generative AI training; the USPTO extends the Patent Prosecution Highway program with other IP5 offices; the Federal Trade Commission files a notice of appeal to challenge its unsuccessful antitrust suit against Meta’s acquisitions of WhatsApp and Instagram; the Fifth Circuit rules expressly for the first time that parties claiming trade secret misappropriation must apportion their damages claims to exclude product value that is not attributable to the misappropriated trade secrets, and more.
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday, January 22, issued a precedential decision affirming a district court ruling that granted Google’s motion to dismiss a patent owner’s infringement suit for failure to state a claim. The CAFC agreed with the district court that the software claims in question were directed to a patent-ineligible abstract idea. The opinion was authored by CAFC Chief Judge Moore and joined by Judges Hughes and Stoll.
On January 22, the Human Artistry Campaign, on behalf of a broad cross-section of the American creative community, launched a new advocacy campaign, titled “Stealing Isn’t Innovation.” The campaign’s core message is a direct protest against the “illegal mass harvesting of copyrighted works” by large technology companies to build and train their Generative Artificial Intelligence (GenAI) platforms.
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.
There’s a lot going on at the Patent Trial and Appeal Board (PTAB) right now, and it’s not just the usual noise about discretionary denial. The United States Patent and Trademark Office (USPTO) has published a one-and-done rules package that, if it survives, would fundamentally change how inter partes review (IPR) challenge works, who can challenge patents, and when. The comment window on the proposed one-and-done rule has now closed. With more than 10,000 comments received by the USPTO and over 700 individual commenters weighing in, the proposed rules package has become a flashpoint for questions that go way beyond discretionary denial and AIA trials, with many asking whether the USPTO is functionally trying to engage in de facto legislation to neuter the PTAB.
This week on IPWatchdog Unleashed, I was joined by my longtime friend John White, who is the the creator of the patent bar review course I’ve taught for almost 27 years. Together we explore the intricate and ever changing patent landscape. First, we begin by discussing the bar exam and how it is changing, then we pivot to the evolving role of AI in patent law more generally. Our conversation traversed decades of personal history, friendship and professional insights, revealing how the industry has transformed over the years and what it means for the current and future generation of patent practitioners.
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