Topics

Artificial Intelligence (AI)

DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for Another DayFair Use Falls Short: Judge Bibas Rejects AI Training Data Defense in Thomson Reuters v. ROSSThe Generative AI Copyright Disclosure Act of 2024: Balancing Innovation and IP Rights

Attorney Fees

No Spectacle Worth Watching: How a Non-Practicing Entity’s Failure to Mind Its Licensees Cost It the CaseAffirmed But Not Over: The Federal Circuit Sends an Unexplained “Unexceptional” Ruling Back to the FieldWrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPR

Cannabis

Cannabis & Trademarks: Protecting Your StashUp In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

Claim Construction

Federal Circuit Pulls the Plug on Injunction Over Claim Construction ErrorOne Question Too Few: A Win on Eligibility Undone by the Verdict FormA Bitter pH-ill to Swallow: Federal Circuit Affirms Mylan’s Win Over Actelion’s Epoprostenol Drug Patents

Copyright

Brick by Brick: Federal Court Reviews LEGO’s Arguments Over a Piece of the ‘Queer Eye’ SetIs “Material Contribution” to Another’s Infringement Enough to Establish Liability for Contributory Copyright Infringement?The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching Effects

Design Patents

Federal Circuit Clears the Blockage and Dissolves UT’s Stent Patent Verdict Against Boston ScientificWhen Courts Can Fix Patent Claim Errors: Federal Circuit Reverses Indefiniteness Ruling in Oil and Gas Equipment CaseSome Touch Up Needed: The Federal Circuit Partially Confirms the PTAB’s View of Analogous Art

Doctrine of Equivalents

A Bitter pH-ill to Swallow: Federal Circuit Affirms Mylan’s Win Over Actelion’s Epoprostenol Drug PatentsBissell Mops Up at the ITC, But Tineco’s Redesign Stays Dry: Lessons on Claim Scope, Expert Testimony, and Appellate Strategy

Domestic Industry

Bissell Mops Up at the ITC, But Tineco’s Redesign Stays Dry: Lessons on Claim Scope, Expert Testimony, and Appellate Strategy

Eligibility

One Question Too Few: A Win on Eligibility Undone by the Verdict FormAffirmed But Not Over: The Federal Circuit Sends an Unexplained “Unexceptional” Ruling Back to the Field

Enablement Requirements

Pharmaceutical Patent Written Description and Enablement Headaches? The Federal Circuit Clarifies a CureMore Antibody Claims Falling Under Post-Amgen ScrutinySupreme Court Delivers the Final Blow to Amgen

Exceptional Case

No Spectacle Worth Watching: How a Non-Practicing Entity’s Failure to Mind Its Licensees Cost It the CaseAffirmed But Not Over: The Federal Circuit Sends an Unexplained “Unexceptional” Ruling Back to the FieldWrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPR

Expert Testimony

Federal Circuit Clears the Blockage and Dissolves UT’s Stent Patent Verdict Against Boston ScientificBissell Mops Up at the ITC, But Tineco’s Redesign Stays Dry: Lessons on Claim Scope, Expert Testimony, and Appellate Strategy

Fair Use

Brick by Brick: Federal Court Reviews LEGO’s Arguments Over a Piece of the ‘Queer Eye’ SetFair Use Falls Short: Judge Bibas Rejects AI Training Data Defense in Thomson Reuters v. ROSS

Franchise

When Does a Trademark License Turn into a Franchise?

Fraud

Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

Incontestability

Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

Inequitable Conduct

Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

Intellectual Property

Who Bears the Burden? Federal DTSA vs. State Laws on Trade Secret Ascertainability: Comet Technologies USA, Inc. v. XP Power, LLC (9th Cir. July 14, 2026)Federal Circuit Pulls the Plug on Injunction Over Claim Construction ErrorThe USPTO Ends Foreign Pro Se Patent Prosecution

Inventorship

Blue Gentian’s Efforts to Maintain Sole Inventorship Were Hosed by the Federal CircuitBacon and a Heavy Burden: Significant Contribution Required To Be a Joint Inventor

IP & Competitive Practices Litigation

Who Bears the Burden? Federal DTSA vs. State Laws on Trade Secret Ascertainability: Comet Technologies USA, Inc. v. XP Power, LLC (9th Cir. July 14, 2026)Federal Circuit Pulls the Plug on Injunction Over Claim Construction ErrorFederal Circuit Clears the Blockage and Dissolves UT’s Stent Patent Verdict Against Boston Scientific

ITC

Standing Firm After Round One, But Going Nowhere After Round TwoJurisdictional Boundaries of the Federal Circuit in ITC-Related Matters Are LimitedFederal Circuit Vaporizes Phillip Morris’s Obviousness Challenge in “a Close One”

Motion to Amend

Recharged and Ready to Go?

Motion to Dismiss

Hikma v. Amarin and a Clarified Standard for Induced Patent Infringement Under 35 U.S.C. § 271(b)A Weighty Decision by the Federal Circuit Reverses Patent Ineligibility RulingRecharged and Ready to Go?

Name, Image & Likeness

Penalty Flag Thrown: Former Florida Gator Sues to Void Controversial NIL ContractAnother Federal NIL Bill on the Horizon: Analyzing the Draft College Athlete Protection and Compensation ActNIL Tug of War: Evolving State NIL Laws and the Prospects of a Federal NIL Bill

NLRA

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

NLRB

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Noncompete Agreements

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Obviousness

A Bitter pH-ill to Swallow: Federal Circuit Affirms Mylan’s Win Over Actelion’s Epoprostenol Drug PatentsFederal Circuit Reminds Practitioners: Institution Challenges Remain Outside Appellate ReviewSpring Has Sprung Obviousness Trends from the Federal Circuit

Patent Applications

USPTO SMED Update: What Does It Mean to "Weigh" Evidence of Patent Eligibility?The USPTO Ends Foreign Pro Se Patent ProsecutionUp In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

Patent Infringement

Seeing More Clearly: Patent Marking Compliance in the Wake of VDPP v. VolkswagenFederal Circuit Pulls the Plug on Injunction Over Claim Construction ErrorFederal Circuit Clears the Blockage and Dissolves UT’s Stent Patent Verdict Against Boston Scientific

Patent Law

USPTO SMED Update: What Does It Mean to "Weigh" Evidence of Patent Eligibility?Same Difference? Why Covenants Not to Sue Likely Can’t Dodge the Marking StatuteSeeing More Clearly: Patent Marking Compliance in the Wake of VDPP v. Volkswagen

Patent Specification

USPTO SMED Update: What Does It Mean to "Weigh" Evidence of Patent Eligibility?Federal Circuit Pulls the Plug on Injunction Over Claim Construction ErrorA Bitter pH-ill to Swallow: Federal Circuit Affirms Mylan’s Win Over Actelion’s Epoprostenol Drug Patents

Patent Trial and Appeal Board (PTAB)

6 Questions to Ask Before Filing an IPR PetitionWrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPRFederal Circuit Reminds Practitioners: Institution Challenges Remain Outside Appellate Review

Prosecution

Fowl Play: Federal Circuit Rules "About" Too Vague to FlyThe Long Con Otherwise Known as Prosecution Laches

Sanctions

Wrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPRStill No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

SCOTUS

Rise and Shine: SCOTUS Wakes Up to a Trademark FightIs “Material Contribution” to Another’s Infringement Enough to Establish Liability for Contributory Copyright Infringement?The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching Effects

Section 337

Bissell Mops Up at the ITC, But Tineco’s Redesign Stays Dry: Lessons on Claim Scope, Expert Testimony, and Appellate Strategy

Trade Secret Protection

Who Bears the Burden? Federal DTSA vs. State Laws on Trade Secret Ascertainability: Comet Technologies USA, Inc. v. XP Power, LLC (9th Cir. July 14, 2026)

Trademark

Rise and Shine: SCOTUS Wakes Up to a Trademark FightTrademark Law Is Not a DragTaking Flight on Another’s Wings: Examining the Potential Abandonment of Twitter’s Iconic Trademarks

TTAB

Consistency is Key with DuPont FactorsEarmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTABFederal Circuit Reverses Trademark Board: The KIST vs. SUNKIST Confusion

USPTO

USPTO SMED Update: What Does It Mean to "Weigh" Evidence of Patent Eligibility?Same Difference? Why Covenants Not to Sue Likely Can’t Dodge the Marking StatuteThe USPTO Ends Foreign Pro Se Patent Prosecution