It is not news to anyone in the industry that the Patent Trial and Appeal Board (PTAB) has changed. Thanks to U.S. Patent and Trademark Office (USPTO) leadership, discretionary denials have increased, institution rates have dramatically dropped, and that means patent owners are finally seeing relief at the front end of the inter partes review (IPR) process. There is great reason for the justifiable optimism you hear from patent owners.
The U.S. Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today reversed a district court’s judgment upholding a jury verdict of trade secret misappropriation and damages. The CAFC majority, with Judge Prost dissenting, found that the statute of limitations to bring a claim under the Defend Trade Secrets Act (DTSA) had expired. The decision reverses a $59.4 million damages award and was authored by Judge Dyk.
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday vacated a Patent Trial and Appeal Board (PTAB) decision that had found Go1 Pty, Ltd. failed to prove the challenged claims of U.S. Patent No. 8,784,113 unpatentable as obvious. In the opinion, Judge Stoll found that the PTAB improperly dismissed expert testimony as conclusory when the expert relied on professional judgment and common sense to explain a simple design choice. The case involves an inter partes review (IPR) petition filed by Go1 challenging claims 1-16 of the ‘113 patent, which is owned by OpenSesame, Inc. and directed to an open and interactive e-learning system and method.
U.S. Patent and Trademark Office (USPTO) Director John Squires on Tuesday, May 26, filed a Brief in Opposition to Gilbert Hyatt’s petition for certiorari to the Supreme Court, which asks the Court to review—and ultimately reject—the U.S. Court of Appeals for the Federal Circuit’s existing doctrine of prosecution laches. Hyatt filed his petition on March 2, 2026. The specific question presented to the Justices is: “Whether the PTO may invoke the equitable doctrine of ‘prosecution laches’ to deny a patent to an applicant who has complied with all the Patent Act’s timeliness provisions.”
I keep hearing the same thing from patent professionals across the industry—inside companies, inside law firms, and even from investors. Patent budgets are shrinking, expectations are rising, and nobody seems willing to admit what that combination actually means.
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Today, the U.S. Supreme Court issued an order list including the denial of a petition for writ of certiorari filed by Dr. Stephen Thaler that challenged federal agency and court rulings preventing copyright registration for an image generated entirely by artificial intelligence (AI). In following the U.S. Solicitor General’s call to deny cert to Thaler’s appeal, the Supreme Court declined invitations from both sides of the AI authorship debate to clarify the copyrightability of works that are substantially AI-generated.
The U.S. District Court for the District of Columbia on Monday denied motions to dismiss three copyright infringement lawsuits brought by a jury consultant, Lindsay Olson, against criminal defense attorneys representing defendants charged in the attack on the U.S. Capitol on January 6, 2021, who downloaded her copyrighted report from a public docket and republished it in their own clients’ cases.
While AI can improve research, drafting, analysis, and overall work product quality, the panel emphasized that it is not a magic button and cannot replace expert legal judgment. The most effective use of AI in patent practice is incremental, targeted, and lawyer-directed—more co-pilot than autopilot. Panelists explored the risks created when inventors, clients, or law firms over-rely on AI-generated disclosures, patent application critiques, or claim strategy recommendations, including the potential for increased attorney workload, inventorship complications, technical inaccuracies, and downstream litigation vulnerabilities. The conversation ultimately framed AI as both a market disruptor and a strategic opportunity for patent law firms. Firms that respond defensively or compete solely on price risk being pushed into an unsustainable race to the bottom. Firms that lean into client education, workflow redesign, transparent billing expectations, disciplined AI usage, and higher-value counseling will be better positioned to compete. The panel made clear that AI will not eliminate the need for sophisticated patent counsel; it will expose which firms are genuinely strategic partners and which are merely labor providers.
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in ClearPlay, Inc. v. DISH Network L.L.C., affirming the United States District Court for the District of Utah’s grant of judgment as a matter of law (JMOL) of noninfringement in favor of DISH Network L.L.C. and EchoStar Technologies LLC. The ruling held that the trial evidence, even viewed in the light most favorable to ClearPlay, was insufficient to sustain the jury’s infringement verdict on either of the asserted patents.
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.
The U.S. Supreme Court on Monday denied certiorari in Zioness Movement, Inc. v. The Lawfare Project, Inc., a case in which Zioness Movement sought review of a U.S. Court of Appeals for the Second Circuit decision that upheld a jury verdict allowing two competing nonprofit entities to co-own the “Zioness” trademark.
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?
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