Advocate General Maciej Szpunar of the Court of Justice of the European Union (CJEU) issued an opinion on Tuesday in the first case on generative AI to reach the Court. The opinion ultimately held that “the retrieval and reuse, in real time, of online press publications by AI chatbots in order to generate answers to user queries may, in certain circumstances, infringe the rights of press publishers.” The opinion is nonbinding on the CJEU.
On October 14, 2026, the Food and Drug Administration (FDA) announced the Rare Disease Framework Initiative. The goal of this effort is quite essential for patients with rare (orphan) diseases – to develop an approach for assessing medicines for orphan diseases with a focus on the evidence that can be gathered for this assessment. The FDA proposes to include disease characteristics, patient needs, patient population size, and characteristics of orphan medications. The initiative does not itself establish new approval standards. Although the initiative relates to regulatory evidence matters, it also raises a separate legal question about the evidence needed to support patent claim scope.
This week on IPWatchdog Unleashed, we have a discussion about the IP risks associated with AI use and adoption, with Stephanie Curcio, Marlene Valderrama, Kendra Ervin and Rinat Shangeeta. The discussion reveals a consequential gap with how businesses are deploying AI. Many companies are moving faster to adopt AI than their governance, contracting and IP review processes can accommodate. For those responsible for protecting innovation and confidential information, the challenge is ensuring that enthusiasm for AI adoption does not obscure the consequences of how these tools are actually used.
A coalition of ten streaming, broadcasting, and audiovisual media organizations, including the Motion Picture Association (MPA) and the Streaming Innovation Alliance, sent a letter today to U.S. Patent and Trademark Office (USPTO) Director John Squires, urging him to “support strong public and private sector enforcement against abusive SEP licensing practices.” The signatories said that abuse of standard essential patents (SEPs) was undercutting the open process of setting standards for the video streaming technologies their members use.
This week on IPWatchdog Unleashed, we have a discussion about the IP risks associated with AI use and adoption, with Stephanie Curcio, Marlene Valderrama, Kendra Ervin and Rinat Shangeeta. The discussion reveals a consequential gap with how businesses are deploying AI. Many companies are moving faster to adopt AI than their governance, contracting and IP review processes can accommodate. For those responsible for protecting innovation and confidential information, the challenge is ensuring that enthusiasm for AI adoption does not obscure the consequences of how these tools are actually used.
The USPTO deserves some credit for recognizing that applicants may at times need an opportunity to explain technical improvements that examiners have failed to appreciate, but there is real risk associated with filing a SMED that should cause practitioners to pause rather than race forward without serious consideration. And despite some difference of opinion, we all agreed on an essential point: Filing a SMED should not be the first line of defense against an eligibility rejection; it should should be treated as a last resort. Filing a SMED requires serious consideration of the advantages, disadvantages, and alternatives. Examiner interviews, arguments grounded in the existing specification, appropriate claim amendments, and appeals all deserve careful consideration before ever adding sworn statements to the prosecution history. The question must be whether the declaration supplies something genuinely necessary to advance the case, and even then must be intentionally specific and narrow.
A patent’s economic value and the price it commands in a licensing negotiation can be very different things. The technology may deliver substantial commercial benefits, yet the amount a patent owner can capture depends on legal risk, enforcement costs, negotiating leverage, and each party’s business objectives. This week on IPWatchdog Unleashed, we ask how much a patent is really worth, and how to prove it at a negotiating table or in court. This conversation, which occurred as part of IPWatchdog’s 2026 Women’s IP Forum, examines how sophisticated licensors, licensees, counsel, and valuation professionals assess patent value in real-world transactions and disputes. The conversation explored royalty structures, comparable licenses, portfolio strength, litigation and validity risk, damages principles, standard-essential patent (SEP) licensing, and the practical factors that drive parties toward—or away from—a deal.
In a procedural order dated October 22, 2026, the Milan Central Division of the Unified Patent Court (UPC) delivered a short ruling in Sandoz v. Novo Nordisk (UPC_CFI_2221/2026) that deserves more attention than its procedural posture suggests. The operative holding is a single sentence: the UPC has no jurisdiction to entertain a claim seeking a declaration that a composition, independently of a specific patent right, was obvious at a given priority date. Behind that line sits a question the court will keep meeting as it matures: what, exactly, is this court for, and where does its competence stop?
OpenAI published a post on Friday, titled “Fair use benefits everyone,” featuring excerpts from 20 filings that urge the U.S. District Court for the Southern District of New York (SDNY) to find that training large language models (LLMs) on copyrighted works is fair use. All but one are amicus briefs filed on or before the October 30 deadline in In re OpenAI, Inc. Copyright Infringement Litigation, the multidistrict litigation (MDL) that combines copyright lawsuits filed against OpenAI and Microsoft by The New York Times and other news publishers, Ziff Davis, and a group of authors, led by the Authors Guild, seeking to proceed as a class.
Since April 5, 2026, a patent owner can file a paper opposing a request for ex parte reexamination (EPR) before the U.S. Patent and Trademark Office (USPTO) decides whether to order it. Six months in, patent owners use the paper in about two of every five requests, requesters try to respond in most of those, and the Office keeps almost every response out. None of it has measurably changed how often reexamination is ordered. The order rate was already falling before the procedure began, and the small further decline since is not statistically significant.
This week on IPWatchdog Unleashed, I speak with Nancy Braman. Recorded before a live audience at IPWatchdog’s 2026 Women’s IP Forum, our conversation explores how practitioners create opportunities, develop professional relationships, and build the skills necessary to succeed in patent law. From taking PLI patent bar review course before law school, to attending Franklin Pierce Law School, to spending more than three years writing and researching for IPWatchdog and now litigating high-stakes patent and intellectual property disputes for life sciences and technology companies. She has already had quite the journey, and I sense it is really just beginning.
This week on IPWatchdog Unleashed, IPWatchdog President Renée C. Quinn spoke with Coke Morgan Stewart. Formerly Acting Director and Deputy Director of the U.S. Patent and Trademark Office (USPTO), Stewart is now president and CEO of the Council for Innovation Promotion (C4IP). Their conversation, recorded at IPWatchdog’s 2026 Women’s IP Forum, examines what she learned while leading the agency, why she believes the patent system needs legislative reform, and how her experience has shaped her approach to leadership and advocacy.
This week on IPWatchdog Unleashed, I spoke with Fran Cruz and Marlene Valderrama. Recorded before a live audience following IPWatchdog’s Women’s IP Forum, our conversation explored how professionals build relationships that lead to business, career opportunities, and better ways of doing their jobs. Drawing on their perspectives at Juristat and Halliburton, respectively, Fran and Marlene returned to a fundamental point: earning someone’s attention begins with understanding what matters to them. That requires asking questions and actually listening.
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