The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday reversed and remanded two Patent Trial and Appeal Board decisions that had found Google’s patents for improvements to “hotword” detection unpatentable. The opinion was authored by CAFC Chief Judge Moore. “Hotwords” are phrases like “Hey Siri” and “OK Computer” that are used to activate voice assistants. Google’s U.S. patents 10,134,398 and 10,593,330 are directed to improvements that “address the problem of triggering multiple devices with a single hotword” by suppressing the reaction in other devices while the intended device reacts.
This week on IPWatchdog Unleashed, I spoke with Rama Elluru, a former PTAB Judge turned national security policy advisor. We explore the accelerating intersection of AI, patent law, and national competitiveness, as well as the hard questions policymakers will soon face around AI-assisted inventorship, patent eligibility, drug discovery, scientific research, and whether existing legal frameworks can keep pace with technologies that are advancing far faster than Congress, agencies, and courts typically move. We also address the broader national security implications of intellectual property policy, AI-enabled fraud, workforce disruption, the need for guardrails and meaningful penalties for malicious uses of AI, and why IP must be understood as a core pillar of economic and national security strategy.
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in In re Zhengxu He, affirming a Patent Trial and Appeal Board (PTAB) decision upholding an examiner’s rejection of claims 1-22 of U.S. Patent Application No. 16/997,933 for obviousness. The CAFC exercised jurisdiction under 28 U.S.C. Section 1295(a)(4)(A) and found that substantial evidence supported the Board’s conclusion that the claims would have been obvious based on a combination of two prior art references.
Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Ollnova Technologies Ltd. v. ecobee Technologies ULC vacating judgments entered by the Eastern District of Texas and remanding to determine patent-eligibility issues under 35 U.S.C. § 101. The Federal Circuit remanded primarily due to the district court’s erroneous jury instructions regarding the subject matter eligibility test under Alice, and dismissed ecobee’s patentability challenge to Ollnova’s patents directed to building automation systems (BAS) that address technical challenges present in wireless networks.
Arnold & Porter is a leading international law firm with offices across the United States, Europe, and Asia. The firm delivers sophisticated regulatory, litigation, and transactional services to clients across a wide range of industries. Arnold & Porter is seeking a Senior Manager of IP Prosecution to join its Washington, DC office. This role provides firmwide leadership for the Intellectual Property Prosecution function, overseeing patent and trademark operations and ensuring the delivery of efficient, high-quality support to attorneys and clients.
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.
Imagine a company spends millions of dollars constructing a new office building in a prime downtown location. The company pays for maintenance, utilities, insurance, landscaping, repairs, security, and taxes. The building is well designed, professionally managed, and expensive to maintain. But it sits empty. No tenants. No leases. No revenue. That would strike most executives as irrational. Yet many companies treat patent portfolios in exactly the same way. They spend millions building and maintaining patent portfolios around the world. But when asked what revenue the portfolio generates, the silence is deafening.
Have you ever drafted a claim set with a second claim that began, “the system of claim 2, wherein…” when you meant to write “the system of claim 1”? It’s embarrassing because every first-year patent attorney knows that a dependent patent claim cannot depend on itself. However, making the error is inevitable when you draft a large number of patent applications. The good news is, if you upload such a claim to today’s Patent Center (where patent applications are filed), you will be provided with the following alert: “The claims appear to contain an improper dependency with at least one claim that depends on a missing or canceled claim. Please review and revise if necessary”. How beautiful is this? Now you can self-correct before your patent application is even filed. Ten years ago, you would have to go back and forth with a patent examiner to correct the error.
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision Friday in Hafeman v. Google LLC affirming Patent Trial and Appeal Board (PTAB) final written decisions (FWDs) invalidating all claims of three related patents owned by inventor Carolyn Hafeman. The court also dismissed Hafeman’s argument that the inter partes reviews (IPRs) should have been terminated based on the district court’s finding that LG–a real party in interest to the IPRs–violated its Sotera stipulation.
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.
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.
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 is the best way to stay informed. We send a daily roundup of our latest news, press releases, and events.
Get Email Updates