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
When “About” Runs A-Fowl of the Definiteness Requirement In Enviro Tech Chemical Services, Inc., v. Safe Foods Corp., Appeal No. 24-2160 The Federal Circuit held that a range claimed...
2 Bankrupt Crew – Intersection Between Bankruptcy and Copyright Law
Key Takeaways: Two members of rap group 2 Live Crew, and the heirs of a third member, attempted to terminate a transfer of copyright ownership in several records the group...
When ‘Any Patent’ Means No Patent: Federal Circuit Reverses Non-Specific Verdict
OLLNOVA TECHNOLOGIES LTD. v. ECOBEE TECHNOLOGIES ULC [OPINION] Before Chen, Cunningham, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary: A verdict form...
Structuring Solar IP Claims for Leverage: How System Claims and Induced or Contributory Infringement Can Expand Enforcement Options
Key Takeaways: Nextpower’s mix of apparatus and system claims illustrates how claim strategy can expand enforcement flexibility. Additionally, carefully drafting patent claims can expand the scope of protection of the...
The Supreme Court Reins in ISP Copyright Liability in Cox Communications v. Sony Music
Key Takeaway: In Cox Communications v. Sony Music, the U.S. Supreme Court unanimously held that an internet service provider (ISP) cannot be held liable for contributory copyright infringement based on...
How CNN’s Copyright Infringement Lawsuit Against Perplexity AI Could Alter the Fair-Use Landscape
Key Takeaway: CNN’s copyright infringement lawsuit against Perplexity AI stands apart from prior AI copyright cases because of allegations that Perplexity pursued a licensing deal with CNN, failed to reach...
Skinny Labels at the Supreme Court: Carving Out Room for Generics to Breathe
HIKMA PHARMACEUTICALS USA INC. et al. v. AMARIN PHARMA, INC., et al. Jackson, J., delivered the opinion for a unanimous Court. Certiorari to the United States Court of Appeals for...
