Trade secret lawyers commonly assert claims under both the federal Defend Trade Secrets Act (“DTSA”) and the applicable state’s version of the Uniform Trade Secrets Act (“UTSA”). But in doing so, they might overlook differences in the key elements and burdens of proof under those statutes. That can be costly, as shown by the Ninth
On Tuesday of last week, the Federal Circuit gave Import Global a second chance in district court, reminding practitioners of the importance of careful claim language and a detailed written description. In Socket Solutions, LLC v. Import Global, LLC, the appellate court vacated and remanded a Florida district court’s grant of a preliminary injunction
A new rule from the USPTO took effect July 20, effectively ending foreign pro se patent prosecution: Patent applicants and patent owners whose domicile is outside the United States or its territories must now be represented by a registered patent practitioner — and, as we’ll see, even some U.S. citizens are caught by it.
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On Monday of last week, the Supreme Court of the United States granted a writ of certiorari to review the U.S. Court of Appeals for the Second Circuit’s decision in RiseandShine Corporation v. PepsiCo, Inc. At the center of the case: whether trademark strength is a question of fact in a likelihood-of-confusion analysis under 15
As drag has risen in pop culture, trademark law has become an unlikely topic of conversation. Most recently, on May 27, Pattie Gonia, an internet-famous drag queen and environmental activist, urged her more than 1.8 million social-media followers to ask Patagonia to drop its lawsuit.
Patagonia is a California-based company that makes climbing apparel and
On October 17, 2025, USPTO Director John Squires issued a memorandum announcing that he would be sole decision-maker for institution of inter partes review (IPR) and post-grant review (PGR) proceedings. In this same memo, Squires stated those decisions would be determined “based on discretionary considerations.” In the time since, Squires has used a series of
In Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (June 4, 2026), a unanimous Supreme Court has further clarified what it takes to plead — and ultimately prove — that a defendant induced another party to infringe a patent, setting a high bar for induced infringement claims. While the case arose in the context of
On March 25, 2026, the U.S. Supreme Court delivered a landmark decision that will reshape not only how copyright law applies to the internet for years to come, but could impact other areas of intellectual property law as well. In Cox Communications, Inc. v.
If you’ve spent time in the trenches of a tech deal (as a buyer, a seller, or an advisor), you know that intellectual property (IP) representations and warranties can be a minefield. They look simple on the surface: The seller represents that they own the IP, have the right to use it, and that no
Intellectual property (IP) is one of the most important assets many technology companies will ever own. Patents are a key part of a company’s IP portfolio. Investors often view a company’s patent portfolio as a signal of innovation, defensibility, and long-term value. Yet patent strategy is rarely at the top of a founder’s to-do list
A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures protection for “original works of authorship fixed in any tangible medium of expression” (17 U.S.C. § 102(a)). This broad definition