Litigation Update | October 2026
Scientifically Impossible Claims – Not Indefinite, But Not Enabled Douglas B. Wentzel The Federal Circuit held that scientifically impossible-to-perform claims were not indefinite but were invalid for lack of enablement....
Aerospace Vertical Integration: Turning Manufacturing Control Into an IP Advantage
Key Takeaways: Vertical integration and in-house manufacturing can provide aerospace companies with greater control over supply chains and manufacturing capacity while creating new opportunities for innovation. To maximize the value...
Drafting Patent Applications Addressing Industry-Standard Dimensions
Key Takeaway: Nine Energy Service successfully appealed a jury verdict of infringement of a NCS Multistage patent. The decision highlights how statements in a patent specification that explicitly state that...
Clearing the Way for Routine Drone Flights: Why the FAA’s Part 108 Rule Raises the Stakes for Patent Strategy
Key Takeaways The FAA’s final rule for drone operations beyond visual line of sight (BVLOS), Part 108, has been under White House review since July 10, 2026, and the FAA...
KPop Demon Hunters: A Case of Reverse Confusion
Key Takeaway: A recently filed trademark lawsuit between Netflix and the metal band Demon Hunter highlights the unique challenges of proving reverse confusion. Because such claims are relatively uncommon and...
GSA’s New AI Clause Is Now in Effect: What AI Vendors and Investors Need to Know
Key Takeaways: The U.S. General Services Administration’s (GSA) new AI clause gives the government ownership of fine-tuned model weights and other custom developments built from government data under GSA large...
FDA Announces New Rare Disease Framework With Potential Implications for IP Strategy
Key Takeaway: On October 14, 2026, the FDA announced a proposed framework for rare disease drug development that aims to provide greater regulatory flexibility and disease-tailored evaluation. Increased regulatory clarity...
Ben Katzenellenbogen Explores “Perpetual Design Patents” in IPWatchdog Article
In a recent article published in IPWatchdog, Knobbe Martens’ Design Patent Litigation Practice Chair Ben Katzenellenbogen examines issues that can arise from overlapping trade dress and design patent rights. He...
In Journal of IP & Technology Law, Ari Feinstein and Charlene Azema Offer Roadmap to Litigating Lack-of-Bona Fide Intent Claims at the TTAB
In a recent article published in the Journal of Intellectual Property & Technology Law, Knobbe Martens partners Ari Feinstein and Charlene Azema explore strategies for asserting and defending against lack-of-bona...
