Gilbert Hyatt is a prolific independent inventor known for his large number of patent applications held up for decades at the U.S. Patent and Trademark Office (USPTO) and the courts. In its decisions in Hyatt v. Hirshfeld, 998 F. 3d 1347 (Fed. Cir. 2021) (Hyatt I) and Hyatt v. Stewart, 148 F. 4th 1376 (Fed. Cir. 2025) (Hyatt II), the Federal Circuit held that he forfeited his patent rights under the prosecution laches doctrine
This week in Other Barks & Bites: Senators Chuck Grassley and Amy Klobuchar introduced the American Innovation and Choice Online Act into Congress; the U.S. Patent and Trademark Office waived the petition fee for the Streamlined Claim Set pilot program; the Council for Innovation Promotion publishes a study on the impacts of intellectual property rights in cultivating technology ecosystems;
Many of us have spent our careers defending and promoting our patent system and related policies like the Bayh-Dole Act, which injected the authorities and incentives of patent ownership into the federal R&D system so that resulting discoveries would no longer waste away on the shelves, benefitting no one. While we usually focus on statistics, legal analysis and case studies, sometimes the impact of what we’re doing hits you square in the face. Last week, I was fortunate enough to have that happen and it’s an experience I’ll never forget.
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday affirmed a district court’s order dismissing a claim of patent infringement brought by Dynapass against Bank of America. Chief Judge Moore authored the opinion. Dynapass claimed Bank of America Corporation and Bank of America, N.A. (BOA) infringed its U.S. Patent No. 6,993,658, which covers a user authentication system in which user tokens are supplied through communication devices. Dynapass claimed Bank of America’s two-factor authentication feature of BOA’s Mobile Banking Application infringed claims 1–7 of the ’658 patent and sued Bank of America in the U.S. District Court for the Eastern District of Texas
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?
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.
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.
U.S. House Republicans recently introduced legislation that would prohibit entities on federal national security watchlists from receiving or enforcing U.S. patents. The Council for Innovation Promotion (C4IP) responded with a statement urging Congress to reconsider the bill. The legislation would prohibit the U.S. Patent and Trademark Office (USPTO) from issuing patents to individuals or entities identified as Chinese military-affiliated organizations.
IPWatchdog’s 2026 Patent Masters Program kicked off Monday with discussions on the state of the international patent landscape and the role of artificial intelligence (AI) in creating efficiency gains in patent prosecution and portfolio building, before moving into conversations on Tuesday and Wednesday about monetization, ex parte appeal strategies and how to shape the future of the U.S patent system, among other topics.
At a recent Senate Judiciary Subcommittee hearing, Register of Copyrights Shira Perlmutter noted that Congress may need to overturn this year’s unanimous decision in the Cox v. Sony Supreme Court case or create a new “site blocking” regime to force internet service providers (ISPs) to block access to certain internet sites. The only problem? To put it bluntly, she is wrong.
Each year, companies invest significant financial resources building and maintaining patent portfolios. But instead of contributing to the bottom line, the patent portfolio often evolves into a growing cost center burdened by maintenance fees, prosecution expenses, and legal overhead. The patents protect some of the company’s products, and make nice plaques for the corporate hallways, but serve little other purpose. Patent monetization offers an opportunity to reverse this dynamic. Done correctly, it can transform dormant intellectual property into a durable revenue stream. Done poorly, it can create reputational risk, misaligned incentives, and wasted capital.
This week on IPWatchdog Unleashed, I spoke with Lisa Jorgenson, who is Deputy Director at the World Intellectual Property Organization (WIPO). Jorgenson had just attended IPWatchdog LIVE 2026 and spoke on our final panel along with former U.S. Patent and Trademark Office (USPTO) Director David Kappos, former USPTO Director Andrei Iancu, and former International Trade Commission (ITC) Commissioner Scott Kieff. She joined me immediately following the conference at IPWatchdog Studios for a wide-ranging discussion that pulled back the curtain on an institution many in the IP community think they understand—but often do not really appreciate.
This week in Other Barks & Bites: the U.S. Trade Representative issues its annual Special 301 Report listing the European Union as a Watch List nation for IP-related issues; Senators Dick Durbin (D-IL) and Maria Cantwell (D-WA) publicly oppose the Trump Administration’s decisions to cut federal funding for science and upend the National Science Board; and more.
This is the best way to stay informed. We send a daily roundup of our latest news, press releases, and events.
Get Email Updates