CAFC Affirms PTAB Ruling That DraftKings Failed to Prove Unpatentability of Gaming Patent Claim

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in DK Crown Holdings Inc. v. AG 18, LLC, affirming a final written decision of the Patent Trial and Appeal Board (PTAB) and holding that DK Crown Holdings Inc., formerly known as DraftKings, Inc. (DK), failed to prove that claim 18 of U.S. Patent No. 9,978,205 was unpatentable during inter partes review (IPR).

Raskin Presses Squires on Motives for Board of Peace Trademark Filings

On Tuesday, May 5, Representative Jamie Raskin (D-MD), Ranking Member of the House Judiciary Committee, sent a letter to U.S. Patent and Trademark Office (USPTO) Director John Squires pressing him to answer questions about the Office’s role in filing a trademark application on behalf of the Trump Administration for Trump’s “Board of Peace.”

Google’s Challenge to PTAB Limits Puts Reliance and Balance on the Line

In its recent petition to the U.S. Supreme Court, Google argues that patents can be invalid at any time, even decades after issuance, and therefore should remain open to inter partes review (IPR) challenges, regardless of age or how long they have been relied upon. At first glance, this sounds like a defense of patent quality. Coming from one of the most frequent users of the Patent Trial and Appeal board (PTAB) over the past decade — and arriving just as the U.S. Patent and Trademark Office’s (USPTO’s) “settled expectations” doctrine begins to limit late-stage IPR challenges — it raises a sharper question: why now?

Federal Circuit Affirms 101 Dismissal for Google in Distracted Driving Patent Suit

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in TJTM Technologies, LLC v. Google LLC, affirming the U.S. District Court for the Northern District of California’s dismissal of a patent infringement lawsuit and holding that the asserted patent claims are directed to patent-ineligible subject matter under 35 U.S.C. § 101. The nonprecedential decision was authored by Judge Chen and joined by Judges Dyk and Stark.

As Congress Considers PERA, It Should Allow the Frustrated Inventor to Be Heard

A person recently approached me at church with excitement regarding a software process he developed. His company was so pleased with the result that it is filing a patent, listing him as the inventor. This person knew that I had some kind of patent backstory, so he asked for my thoughts. My name is Jeffrey A. Killian, and I am the patent applicant in the Federal Circuit Court case # 2021 -2113 (In Re: Killian). I took no pleasure in telling my  friend at church that his patent application will be rejected. Plus, the official notice will have my precedential case quoted all over his rejection. With friends at church like me, who needs enemies? 

Trademark Claims Against Netflix Dismissed Due to One-Letter Typo in Court Order

Trademark claims against Netflix concerning its popular “Running Point” comedy series were recently dismissed at the pleadings stage due to a one-letter misarticulation of applicable First Amendment law. The case, soon to be litigated on appeal, highlights the need to clarify the contours of trademark liability arising from creative works. Pepperdine University filed the lawsuit last year against Netflix and co-defendants Warner Bros. and Kaling International, just one week before the “Running Point” series premiere.  Loosely based on the life of Los Angeles Lakers owner Jeanie Buss, the series stars Kate Hudson as the owner of the fictional basketball team the Los Angeles Waves. The popular series, which amassed instant popularity and ranked as Netflix’s #1 TV show, was quickly ordered for a second season that premiered April 23, 2026.

Patents, Drug Prices, Clinical Trials and the Economics of Medicine | IPWatchdog Unleashed

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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