Litigation Update | June 2026
Access Plus Similarity Starts the Clock for Trade Secret Misappropriation Claims Inzer C. Ni & Jordan A. DeOrio A trade secret misappropriation claim accrues when the plaintiff knew or should have...
One Definition and the Walls Come Down – District Court Dismisses Copyright Claim Based on Misclassified Cabinet Registration
Key Takeaway: A federal district court dismissed a copyright infringement claim on the grounds that the work in the asserted registration had been improperly classified under the Copyright Act. This...
What the USPTO’s New 30-Day Director Review Deadline for Decisions Instituting Trial Means for PTAB Petitioners and Patent Owners
Key Takeaway: In a precedential decision in Light & Wonder, Inc. v. Evolution Malta Ltd., U.S. Patent and Trademark Office Director Squires extended the deadline for requesting Director Review of...
Sound Marks – They Are More Than Just “Alright, Alright, Alright”
Key Takeaway: Non-traditional trademarks like sound marks can provide valuable protection for distinctive sounds that function as source identifiers, particularly where other forms of intellectual property protection may be unavailable....
Amendments to Mexico’s Federal Law for Protection of Industrial Property Inform More Flexible International IP Strategy for Biotech Companies
Key Takeaway: Amendments to Mexico’s Federal Law for Protection of Industrial Property align more with U.S. Patent and Trademark Office standards for restoring priority and application revival, increasing international patent...
Public Funding for Energy Innovation Impacts Private Intellectual Property Rights
Key Takeaway: The value of intellectual property developed using government funds depends upon compliance with disclosure and licensing rules. Public investment is critical to the development and commercialization of energy...
PTAB Update | May 2026
USPTO Director Signals Continued Pro-Patent Discretionary Denial Policy at the Patent Trial and Appeal Board Ted M. Cannon In a precedential decision in Magnolia Medical Technologies, Inc. v. Kurin, Inc.,...
FDA to Drop 510(k) Requirements for Certain Low-Risk Devices, Lowering Barriers to Entry
On June 5, 2026, the U.S. Food and Drug Administration (FDA) issued updated guidance stating its intent to exempt certain unclassified medical devices from premarket 510(k) requirements, and that the FDA believes the identified device...
Federal Circuit Review | May 2026
May Federal Circuit Newsletter (Japanese) May Federal Circuit Newsletter (Chinese) When “About” Runs A-Fowl of the Definiteness Requirement In Enviro Tech Chemical Services, Inc., v. Safe Foods Corp., Appeal...
