Despite Recent Changes, the PTAB Remains a Patent Death Squad

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.

Split CAFC Issues Precedential Decision on Trade Secret Statute of Limitations Standard

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.

Federal Circuit Vacates PTAB Finding That Expert Testimony on Step Sequencing Was Conclusory

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.

Squires Tells SCOTUS Gil Hyatt’s Conduct Was ‘Extraordinary’, Warranting Laches Denial

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.”

D.C. Court Rules Public Docket Access Does Not Extinguish Copyright in Expert’s Lawsuit Against Jan 6 Attorneys

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.

Patent Law Firms Face an AI Reckoning: The New Economics of Patent Practice | IPWatchdog Unleashed

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.

Federal Circuit Upholds JMOL of Noninfringement for DISH in ClearPlay Patent Dispute

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.

Subscribe to IPWatchdog

This is the best way to stay informed. We send a daily roundup of our latest news, press releases, and events.

Get Email Updates