On Tuesday, a memorandum issued to administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) by U.S. Patent and Trademark Office Director John Squires and USPTO’s General Counsel John Duffy announced that effective November 16, 2026, Director Squires would be relinquishing direct oversight on merits-based PTAB institution decisions to PTAB panels. The decision to return institution decisions back to the PTAB panels themselves has been in the works for several months, as was first reported by IPWatchdog in September. Giving PTAB panels the authority to decide which cases to institute comes just more than one-year after Squires centralized the decision-making power in the Director’s Office.
Several recent federal appellate and district court decisions underscore that companies must promptly investigate and act on suspected trade secret theft. Delay can cost a trade secret owner an otherwise meritorious claim. The risk is compounded by uncertainty over when the Defend Trade Secrets Act’s (DTSA) three-year limitations period begins.
On October 15, 2026, a TESLA ROADSTER hung upside down, flipped into the air, and briefly hovered. Powered fans supplied suction for inverted travel. Cold-gas thrusters drawing on SPACEX technology controlled the airborne maneuver. The engineering question was how to make a car fly. The commercial question is what else that car could sell.
Congress may soon abandon a principle that has guided the U.S. legal system for generations: the ability to obtain and enforce patent rights should not depend on the type of technology being invented. Straying from this core tenet risks weakening a key competitive advantage of the American innovation economy.
This week on IPWatchdog Unleashed, we discuss how a credible trial preparation supports settlement leverage. From the in-house vantage point, a litigation team’s ability to articulate a persuasive case matters even when the preferred outcome is an early resolution. For patent owners, accused infringers, and the counsel advising them, this conversation highlights why audience awareness, technical clarity, and case development belong within the same strategy. The episode offers a substantive look at how experienced practitioners make those judgments—and how the choices made throughout a case shape both courtroom advocacy and the options available outside it.
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.
We live and practice in a time when it may seem to some patent litigators that it would border on malpractice to not move for attorney fees after any case is won. You don’t ask, you don’t get, right? What do we have to lose? The recent U.S. Court of Appeals for the Federal Circuit decision in Chromadex v. Elysium Health serves as a helpful reminder of the seemingly obvious notion that not all patent cases we win (or, for that matter, lose) are “exceptional.” And it suggests that overreaching in seeking fees may itself come with some costs.
This week on IPWatchdog Unleashed, we discuss how a credible trial preparation supports settlement leverage. From the in-house vantage point, a litigation team’s ability to articulate a persuasive case matters even when the preferred outcome is an early resolution. For patent owners, accused infringers, and the counsel advising them, this conversation highlights why audience awareness, technical clarity, and case development belong within the same strategy. The episode offers a substantive look at how experienced practitioners make those judgments—and how the choices made throughout a case shape both courtroom advocacy and the options available outside it.
Epic Tech’s U.S. Patent No. 8,545,317, directed to a networked electronic sweepstakes system, issued in October 2013. Alice Corp. v. CLS Bank came eight months later. Over the next several years, the U.S. Patent and Trademark Office (USPTO) rejected claims in three related Epic Tech applications under Section 101, having already found claims in two of them patentably indistinct from the ‘317 claims, and Epic Tech abandoned all three. A district court in Texas then held claims of the sibling ‘315 patent ineligible. In June 2020, six years after Alice, Epic Tech sued Pen-Tech Associates on the ‘317 patent.
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.
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.
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