PTAB Update | February 2026
Challenged Director-To-PTAB Instructions Did Not Require Notice-And-Comment Rulemaking Ari Feinstein & Jacob S. Etling Challenged instructions that the PTO’s Director gave to the PTAB regarding discretionary denial of inter partes...
Wu-Tang Style – Can Music Be a Trade Secret?
Key Takeaway: Due to the unique release of the Wu-Tang Clan album Once Upon a Time in Shaolin, a federal district court in the Second Circuit has ruled that the...
New FDA Guidance Allows Biosimilar Applicants to Use Data From Outside the U.S. To Accelerate Their Approval in the U.S.
Key Takeaway: New FDA guidance released on February 23, 2026, and March 9, 2026, signals a continued shift toward regulatory flexibility aimed at accelerating approval of biosimilar treatments for rare...
USPTO Joins DOJ in Supporting Permanent Injunctions for NPEs
Key Takeaway: The U.S. Patent and Trademark Office doubles down on its current pro-patentee stance by filing a statement of interest in district court, arguing that permanent injunctions should be...
AI and Genomics: A New Era of Personalized Medicine
Key Takeaway: Advances in AI and genomic analysis will allow medical providers to tailor treatment for individual patients at the genome level, but challenges exist for protecting AI-assisted inventions. Genomic...
Be Kind, Please Rewind – Is Blockbuster Still Famous for a Dilution Claim?
Key Takeaway: The Trademark Trial and Appeal Board (“TTAB”) is currently reviewing a case centered on video rental company Blockbuster, which has the potential to significantly widen the scope of...
Proposed UAH-ASKA Agreement for Drive-And-Fly Aircraft: IP Ownership Issues in Joint Development and Public-Private Partnerships
Key Takeaways: The University of Alabama in Huntsville (UAH) and aerospace company ASKA have agreed to explore collaboration on a drive-and-fly aircraft. The proposed joint development exemplifies the need for...
How Ignoring Disclosed Structure Can Derail a Means-Plus-Function Case
GENUINE ENABLING TECHNOLOGY LLC v. SONY GROUP CORPORATION Before Dyk, Taranto, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: The Federal Circuit affirmed summary judgment...
The Credibility of Experts Is in the Province of the Jury
WILLIS ELECTRIC CO., LTD. v. POLYGROUP LTD. (MACAO COMMERCIAL OFFSHORE) Before Moore, Stark, and Oetken (sitting by designation). Appeal from the United States District Court for the District of Minnesota....
