IP Watchdog: A Year of Change, Transition and ‘Recalibration’: What Mattered in 2025 for IP Practice

Brennan Swain and Gregory Cordrey, partners in the Firm’s Intellectual Property practice, were recently quoted in the IP Watchdog article, “A Year of Change, Transition and ‘Recalibration’: What Mattered in 2025 for IP Practice.” The article surveyed attorneys on the biggest moments in IP from last year.

Swain and Cordrey commented, “Several developments defined IP in 2025. First, the continued decline of IPR challenges, driven by Commissioner Squires’ expanded decision-making authority and increased discretionary denials based on “settled expectations,” significantly reduced predictability in PTAB institution decisions. While Squires’ authority may have limited the success of settled expectations arguments, the overall effect weakened a key defensive tool for patent infringement defendants.

Second, the USPTO issued memoranda on Subject Matter Eligibility Declarations(SMED), allowing applicants to rely more heavily on objective factual evidence when responding to subject-matter eligibility rejections. This shift provides practitioners with a clearer and more structured path to address §101 challenges during prosecution.

Relatedly, the USPTO updated the MPEP following the precedential Appeals Review Panel decision in Ex Parte Desjardins. These updates clarified how examiners should evaluate improvements to computer functionality or other technologies, reinforcing Federal Circuit guidance from Enfish v. Microsoft and strengthening arguments for software and technology-based inventions.

Finally, the Supreme Court’s unanimous decision in Dewberry Group v. Dewberry Engineers limited disgorgement of profits to named defendants only, excluding legally separate corporate affiliates. This ruling forces plaintiffs to identify all relevant profit centers early in litigation. The Court’s denial of cert on the right to a jury trial for trademark disgorgement claims left a significant circuit split unresolved, preserving uncertainty in trademark enforcement strategy.”

Read the full IP Watchdog article: A Year of Change, Transition and ‘Recalibration’: What Mattered in 2025 for IP Practice.