Posts in IPWatchdog Articles

The U.S. Patent and Trademark Office (UPSTO) announced today that it will be extending the Artificial Intelligence Search Automated Pilot Program (ASAP!) until June 1, 2026, to gather additional information and continue evaluating the program’s effectiveness. The Pilot was first announced in October 2025 and is meant to “evaluate the impact of sharing the results of an automated search prior to examination of an application.” 

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Teva Pharmaceuticals International GmbH v. Eli Lilly and Company, reversing the United States District Court for the District of Massachusetts’s grant of judgment as a matter of law (JMOL) of invalidity of Teva Pharmaceuticals International GmbH and Teva Pharmaceuticals USA, Inc.’s headache treatment patents. The district court found that the asserted claims were invalid for failing to satisfy both the written description and enablement requirements of 35 U.S.C. § 112, but the CAFC found the district court’s grant of JMOL improper on both counts. The opinion was authored by Judge Prost and joined by Judge Cunningham and District Judge Andrews.

In 2025, trademark cases filed in United States District Courts increased 25% from 2024 (up 848 cases to 4,211). Many of those cases were “Schedule A” lawsuits, a niche form of intellectual property litigation that joins multiple foreign-based ecommerce stores selling counterfeit, pirated, or other infringing products in a single lawsuit. In Schedule A cases, plaintiffs typically include multiple offshore online infringers and seek an asset restraint to prevent them from transferring their ill-gotten gains abroad. This article explores the Schedule A litigation model and provides best practices for intellectual property litigators. 

A number of groups and individuals self-described as “representing consumers, patients, health care providers, and academic experts in pharmaceutical policy and patent law” have submitted a letter to the U.S. House Judiciary Committee urging members to quickly advance the “Eliminating Thickets to Increase Competition  (ETHIC) Act,’’ which was introduced in the House of Representatives last May by Representative Jodey Arrington (R-TX) along with two other Republicans and four Democrats.

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision Tuesday in Definitive Holdings, LLC v. Powerteq LLC, affirming the United States District Court for the District of Utah’s grant of summary judgment of invalidity of Definitive Holdings’ patent.  The district court found that the asserted claims of the patent owned were invalid under the pre-America Invents Act (AIA) version of 35 U.S.C. § 102(b). The opinion was authored by Judge Cunningham and joined by Chief Judge Moore and Judge Dyk.

Standard essential patents (SEPs) don’t generate controversy because people disagree on whether innovation deserves compensation. The controversy runs deeper: everyone agrees it does, but nobody agrees on how much, when, or through which court. That tension was the animating force behind the panel Global SEP Litigation, Licensing and Dealmaking, on day two of IPWatchdog LIVE 2026 last month. Moderated by Shawnna Yashar (O’Melveny & Myers LLP), the panel featured Ali Allawi (Warner Bros. Discovery), Matteo Sabattini (Sisvel Group), and David Yurkerwich (Ankura). All four practitioners see the SEP licensing ecosystem from very different vantage points and arrived without a shared script.

This week on IPWatchdog Unleashed, I have a candid conversation with Melissa Silverstein about both IP strategy and the human side of IP, including a discussion of the struggles that some attorneys have with substance abuse. The first half of the conversation centers on a clear market correction in intellectual property strategy: portfolios are being forced to operate like business assets rather than legal inventory…. The conversation then pivots sharply to the human dimension of the profession, where Silverstein’s current work is focused. Drawing on her own experience, she addresses the prevalence of substance abuse, burnout, and mental health challenges among high-performing attorneys.

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision authored by Chief Judge Moore delivering a partial win for patent owner VLSI Technology against Intel Corporation. The U.S. District Court for the Northern District of California granted Intel’s motion for summary judgment of noninfringement of VLSI’s U.S. Patent No. 8,566,836, titled “Multi-core System on Chip,” and also struck the damages theories of one of VLSI’s expert’s.

In high-stakes patent litigation, post-trial motions are often dismissed as routine clean-up—procedural volleys after the real battle has been fought. That framing does not hold in the battle between Optis Wireless and Apple in the Eastern District of Texas. The filings submitted by the plaintiffs seeking judgment as a matter of law (JMOL) or in the alternative for a new trial present a compelling argument that the jury’s verdict is not merely unfavorable, but structurally unsound. When viewed holistically, the record suggests there was meaningful error—or at least confusion—between in the legal standards, evidentiary rulings, and jury instructions. Against that backdrop, plaintiffs’ position that it is entitled to either JMOL or a new trial requires fresh consideration.

On February 3, 2026, Sisvel took a significant step forward in advancing transparency through its collaboration with the World Intellectual Property Organization (WIPO). This initiative integrates verified SEP data into WIPO’s PATENTSCOPE platform, making it easier for users to access information about patents that have been identified as essential to the relevant standard through the mechanisms of Sisvel’s FRAND-based patent pools.

Studebaker Brackett PLLC (SB) is looking for a motivated, experienced, and highly skilled patent attorney or agent to join its team on a full-time or part-time exclusive basis. SB offers a positive, collaborative team environment; a client-centered, relationship-focused approach; remote working options; a competitive salary; and a benefits package.

Today, the European Union Intellectual Property Office (EUIPO) published a study exploring challenges faced by EU small- and medium-sized enterprises (SMEs) in obtaining financing by offering intellectual property (IP) as collateral. Set against the backdrop of the EU’s recently launched Savings and Investment Union (SIU) program, the EUIPO’s study identifies several structural barriers preventing SMEs from obtaining IP-backed financing and concludes with a series of policy recommendations designed to address the SME credit gap and unlock tremendous economic value for the wider EU market.

I have been to China several times over the past decade. Each time, I came back with the same reaction: too many people in the United States are still badly underestimating what is happening there. I do not say that as a political statement. I say it as a practical one. There is still a surprisingly common view in American business circles that China’s patent activity is mostly noise. Too many filings. Too much subsidy. Too little real innovation. The implication is that, yes, China may be filing a mountain of patents, but most of it can safely be discounted. I think that view is becoming harder and harder to defend.

IPWatchdog is happy to announce several leadership promotions to support its continued growth and strategic expansion. Renée C. Quinn has been named President, Katarzyna Kryca has been promoted to Senior Vice President, and Morgan Connell has been promoted to Director of Programs and Strategic Partnerships. Founder Gene Quinn will continue to serve as Chief Executive Officer.