The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision in Ascendis Pharma A/S v. BioMarin Pharmaceutical Inc., affirming a district court order that upheld the U.S. District Court for the Northern District of California decision denying Ascendis’s motion for a mandatory stay under 28 U.S.C. § 1659(a)(2). The ruling concluded that Ascendis was not entitled to a mandatory stay because Ascendis voluntarily dismissed its original complaint and filed a virtually identical refiled complaint to restart the statutory deadline. Judge Stoll authored the opinion, joined by Judges Lourie and Chen.
The U.S. government filed its brief in opposition yesterday to Janssen Pharmaceuticals and Bristol Myers Squibb Company’s (BMS) petition for writ of certiorari challenging the government’s Medicare Drug Price Negotiation Program. A split U.S. Court of Appeals for the Third Circuit decision in September 2025 affirmed a grant of summary judgment to the government that the imposition of the Program via the Inflation Reduction Act (IRA) does not violate the companies’ constitutional rights.
A panel on day three of IPWatchdog LIVE 2026 offered the IP community a candid look at how large operating companies actually evaluate and respond to patent assertions. The answers carry direct implications for every practitioner advising clients on the sell side of a transaction. The session, titled The Big Tech View on Patents and the Patent Market, featured Russell Binns (Allied Security Trust (AST)), Ola Adekunle (Google), Caroline Pinkston (Hewlett Packard Enterprise (HPE)), and Dean Geibel (Samtec).
Today, the U.S. House of Representatives Judiciary Committee’s Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet conducted its first oversight hearing of the U.S. Patent and Trademark Office (USPTO) during the second Trump Administration. The harshest lines of questioning for USPTO Director John Squires during the hearing were reserved for the agency’s notice of proposed rulemaking (NPRM) to reform rules of practice at the Patent Trial and Appeal Board (PTAB) as well as President Trump’s political influence at the agency. During the hearing, Squires also confirmed that the agency’s Patent Public Advisory Committee (PPAC) would soon be revived, following an offer to join PPAC extended last night to an undisclosed independent inventor.
The U.S. Supreme Court on Wednesday reversed a decision by the U.S. Court of Appeals for the Fourth Circuit, ruling that internet service provider Cox Communications, Inc., is not contributorily liable for its subscribers’ copyright infringement. In a 7-2 decision authored by Justice Thomas, the Court held that a service provider is contributorily liable for a user’s infringement only when it intended for its service to be used in that way, which is established only if the provider either encouraged the infringement or designed the service specifically to facilitate it.
Mercola is managing a high-volume patent pipeline (~200 applications) across multiple advanced technology domains and is seeking experienced contract Patent Paralegals to support prosecution at scale. This is not a typical low-volume IP role. You will work directly with the inventor and patent counsel to ensure accuracy, consistency, and flawless USPTO filing execution across a complex and fast-moving portfolio spanning biotech, AI/software, medical devices, and consumer health innovations. This is a full-time, temporary, fully remote position (USA).
In the final session of IPWatchdog LIVE 2026 on Tuesday, March 24, U.S. Patent and Trademark Office (USPTO) Deputy Director Coke Morgan Stewart had a conversation with IPWatchdog Founder and CEO Gene Quinn in which she confirmed the Office is paying attention to the recent surge in ex parte reexamination filings and also said she is “optimistic” that the pending Notice of Proposed Rulemaking (NPRM) will be finalized.
Nearly every operating company valued at greater than $20 billion in market capitalization is likely to be accused of patent infringement at some point. The high likelihood of utilizing another person or company’s patented technology led to an explosion of patent litigation activity over the last 30 years. Often, inventions emerge without a specific product in mind, and the strategy for the invention-turned-patent lacks a clear vision. This has been the way of invention since the patent offices were first formed and legal IP protection became a constitutionally ordained government program.
The U.S. Supreme Court on Monday granted the Solicitor General’s motion for leave to participate in oral argument as amicus curiae and for divided argument in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., a case concerning induced patent infringement in the pharmaceutical skinny label context. The order followed the filing of a merits response brief by Amarin on March 20, defending the U.S. Court of Appeals for the Federal Circuit (CAFC) decision that found Amarin plausibly alleged that Hikma Pharmaceuticals actively induced infringement of patents covering uses of Amarin’s cardiovascular drug Vascepa.
A panel on day one of IPWatchdog LIVE 2026 didn’t mince words: the voluntary patent licensing ecosystem is functionally broken, and the IP community needs to understand why. That was the diagnostic consensus from the panel titled Patent Dealmaking, Monetization & Licensing: An Examination of Capital, Risk, and Deal Flow, moderated by Brian O’Shaughnessy (Dinsmore & Shohl) and featuring Michael Gulliford (Soryn IP Capital), Louis Carbonneau (Tangible IP), and Dan Kesack (WTW Insurance).
Nixon Peabody is seeking a Patent Agent with technical experience in one of two areas: AI-driven software and FinTech platforms, including familiarity with patenting innovations in machine learning, automation, and financial technology; and/or Medical Device, Mechanical, Biomedical, and Electrical Engineering, with experience drafting and prosecuting patents in hardware, electromechanical systems, or regulated medical technologies. Candidates with a strong background in either area are encouraged to apply. A hybrid work schedule is available for this position.
Nixon Peabody’s Intellectual Property Practice Group is seeking to hire a patent attorney to join its Chicago, IL, or Washington, DC, office. This position also has the flexibility to work remotely.
Although I am not an attorney, I have been deeply enmeshed in the patent process as an inventor for three decades. And I have grown an appreciation for your profession that is perhaps deeper than most folks’. The majority of my work over the past 30 years has been in AI and machine learning. And I want to share some thoughts with you today about how all of this intersects and how you, everyone in this room, are really the last line of defense that humanity has in maintaining what it means to be human.
As artificial intelligence adoption accelerates across both commercial and government sectors, traditional contracting frameworks are being stretched beyond their limits. That tension was the focus of a panel at IPWatchdog Live 2026 today, featuring Judge Ryan T. Holte of the U.S. Court of Federal Claims; Stephanie Curcio, co-founder and CEO of NLPatent; and TJ Whittle, Legal Counsel at Anduril Industries.
Today, the U.S. Supreme Court issued an order list denying a petition for writ of certiorari filed by inventor Noah Healy to challenge rulings upholding a patent examiner’s subject matter eligibility rejection under 35 U.S.C. § 101 at the U.S. Patent and Trademark Office (USPTO). Healy’s pro se petition challenged the U.S. Court of Appeals for the Federal Circuit’s decision to affirm the examiner’s rejection as violating the meaningful review requirements of the Administrative Procedures Act (APA) due to conflicting statutory theories on patentability that were never sufficiently explained by the agency.