Squires Returns Merits-Based Institution to PTAB Judges

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.

Understanding the Three Accrual Standards Applied by Courts for Trade Secret Misappropriation

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.

The ‘Halo Product’ Dividend

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.

America’s Technology-Neutral Patent System Is a Competitive Advantage: Congress Should Protect It

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.

ChromaDex: Being Unsuccessful is Not ‘Exceptional’ Conduct

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.

The Art of Patent Litigation: How to Make Your Case Compelling | IPWatchdog Unleashed

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.

The Upshot of Epic Tech v. Pen-Tech: The Presumption of Validity Is Not a Pre-Suit Investigation

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.

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