Litigation 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.,...
Trademark & Brand Protection Update | May 2026
Taylor Swift, Trademarks, and the Pursuit of a Federal Right of Publicity Dillon A. Koch & Jonathan Menkes Taylor Swift’s recent trademark filings for her voice and likeness point to a...
Aerospace Update | May 2026
Proposal for Streamlined U.S. Regulatory Approval for Novel Commercial Space Activities Tyler S. Cox Office of Space Commerce (“OSC”) has released a proposal for streamlining regulatory approval of novel commercial...
Life Science Update | May 2026
AI Risks With the Patent Office: What Life Science Companies Should Be Asking Now Robert J. Hilton, Ph.D. & Justin Culbertson, Ph.D. AI tools are reshaping patent preparation and prosecution,...
PTAB Update | April 2026
USPTO Introduces Pre-Order Papers for Patent Owners in Ex Parte Reexaminations Jarom D. Kesler & Joshua M. Martineau With the decline of inter partes review (IPR) proceedings and the significant...
Federal Circuit Review | April 2026
April Federal Circuit Newsletter (Japanese) April Federal Circuit Newsletter (Chinese) Invisible But Invalidating: Undisclosed Functionality Still Triggers On-Sale Bar In Definitive Holdings, LLC v. Powerteq LLC, Appeal No. 24-1761,...
Trademark & Brand Protection Update | April 2026
Thaler v. Perlmutter: Human Authorship Remains a Cornerstone Requirement for Copyright Registration Ian W. Gillies & Dillon A. Koch The Supreme Court denied certiorari of the D.C. Circuit’s holding that works...
Life Science Update | April 2026
One Battle After Another: Broad Institute Wins at PTAB in CRISPR Dispute Eric Furman, Ph.D. & Alistair J. McIntyre Interference proceedings, though increasingly rare, are heavily evidence-based and determine which...
Aerospace Update | April 2026
Space Force Awards Kratos $447 Million Contract for Missile Warning Tracking Lizzy T. Do & Scott Cromar Kratos wins $447 million contract with U.S. Space Force to develop a ground...
Litigation Update | April 2026
No Do-Overs: Voluntary Dismissal Does Not Reset Deadline for Stay Jeremiah S. Helm, Ph.D. A respondent in an ITC proceeding may not seek a mandatory stay of their refiled declaratory...
Federal Circuit Review | March 2026
March Federal Circuit Newsletter (Japanese) March Federal Circuit Newsletter (Chinese) Software Claims Failed Alice Step One Where Purported Improvements Were Not Claimed In Trustees Of Columbia University v. Gen Digital...
PTAB Update | March 2026
PTAB to Rehear Ex Parte Baurin: Revisiting the Interplay of Obviousness-Type Double Patenting and Patent Term Adjustment After Cellect and Allergan Daniel M. Mittelstein & Michael L. Fuller The PTO...
Aerospace Update | March 2026
Proposed UAH-ASKA Agreement for Drive-And-Fly Aircraft: IP Ownership Issues in Joint Development and Public-Private Partnerships Ningxi Sun The University of Alabama in Huntsville (UAH) and aerospace company ASKA have agreed...
Life Science Update | March 2026
AI and Genomics: A New Era of Personalized Medicine Robert J. Hilton, Ph.D. & Bailey R. Arenberg Advances in AI and genomic analysis will allow medical providers to tailor treatment for...
Litigation Update | March 2026
The Credibility of Experts Is in the Province of the Jury Ari Feinstein & Kathryn M. McCarthy Neither the fact that a damages expert’s testimony could have been presented more clearly, nor...
Trademark & Brand Protection Update | March 2026
Be Kind, Please Rewind – Is Blockbuster Still Famous for a Dilution Claim? Greg Phillips & Eric R. Blosser The Trademark Trial and Appeal Board (“TTAB”) is currently reviewing a case...
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...
Aerospace Update | February 2026
The Next Era of Aerospace Advancement: AI Optimizing Operations, Safety, and Strategy T. Tyler Golian & Vlad Teplitskiy AI has become a buzzword synonymous with transformation, revolution, and innovation. Some industries are...
Federal Circuit Review | February 2026
February Federal Circuit Newsletter (Japanese) February Federal Circuit Newsletter (Chinese) Conceptual Similarity Does Not Go Arm in Arm with Substantial Similarity In Range Of Motion Products, LLC v. Armaid...
Litigation Update | February 2026
Result-Oriented Claims and Section 101: Claiming the How Daniel Kiang & Brandon Cormier Result-oriented claims were found ineligible under 35 U.S.C ? 101 because the claims did not describe how...
Trademark & Brand Protection Update | February 2026
Domain Name Disputes: When UDRP Works—And When It Doesn’t Rosaleen Chou & Shritika Dahal While the UDRP can be a fast and cost effective way to recover domain names registered...