Part one of this series highlighted the historic high that trade secret litigation hit in 2025 with more than 1,550 cases filed in courts across the United States and suggested proactive, common-sense steps that businesses...more
3/10/2026
/ Best Practices ,
Confidential Information ,
Cybersecurity ,
Data Security ,
Defend Trade Secrets Act (DTSA) ,
Discovery ,
Document Retention Policies ,
Electronically Stored Information ,
Evidence ,
Forensic Examination ,
Information Governance ,
Intellectual Property Litigation ,
Litigation Hold ,
Litigation Strategies ,
Misappropriation ,
Non-Disclosure Agreement ,
Risk Management ,
Trade Secrets
Recent reports show that trade secret litigation hit a historic high in 2025 with more than 1,550 cases filed in federal courts across the United States. Experts may attempt to sift through this data and explain the what and...more
2/9/2026
/ Best Practices ,
Business Litigation ,
Confidential Information ,
Due Diligence ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Policies and Procedures ,
Restrictive Covenants ,
Risk Management ,
Trade Secrets ,
Unfair Competition
The Ohio High School Athletic Association (OHSAA) has approved an emergency bylaw referendum allowing high school student-athletes to participate in Name, Image, and Likeness (NIL) activities....more
11/25/2025
/ Educational Institutions ,
Endorsements ,
Name and Likeness ,
New Regulations ,
Public Schools ,
Regulatory Requirements ,
Reporting Requirements ,
School Policies ,
Sponsorship Agreements ,
Sports ,
State and Local Government ,
Student Athletes
In this edition of The Precedent, we outline the decision in Mondis Technology Ltd. v. LG Electronics Inc. In Mondis Technology Ltd. v. LG Electronics Inc., the Federal Circuit addressed the scope of the presumption of...more
In this edition of The Precedent, we outline the decision in In re: Xencor, Inc. Xencor, Inc. (“Xencor”) filed U.S. Patent Application No. 16/803,690 (the “’690 Application”), which was directed to a method for treating...more
10/3/2025
/ Appellate Courts ,
CAFC ,
Jepson Claims ,
Patent Applications ,
Patent Invalidity ,
Patent Prosecution ,
Patent Prosecution History ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Section 112 ,
USPTO ,
Written Descriptions
In this edition of The Precedent, we outline the decision in Sierra Wireless v. Sisvel S.p.A. The Federal Circuit addressed an appeal from the USPTO Patent Trial and Appeal Board’s (the “PTAB” or the “Board”) final written...more
9/25/2025
/ Anticipation ,
Claim Construction ,
Expert Testimony ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Vacated ,
Vacatur
In this edition of The Precedent, we outline the Federal Circuit's decision in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC. Overview - This case addresses prosecution history estoppel and the doctrine of equivalence....more
9/18/2025
/ Appeals ,
CAFC ,
Claim Amendments ,
Doctrine of Equivalents ,
Estoppel ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Prosecution History ,
Patents ,
Prosecution History Estoppel
Music publishing companies are increasingly sending demand letters seeking payment for unauthorized uses of music that appear on social media platforms as part of brands’ social media marketing efforts. Recently, there has...more
In this edition of The Precedent, we outline the Federal Circuit's decision in HD Silicon Solutions LLC v. Microchip Technology Inc. In HD Silicon Solutions LLC, the Federal Circuit addressed an appeal from the USPTO Patent...more
In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several...more
2/6/2025
/ Copyright ,
Corporate Counsel ,
Damages ,
Discovery ,
Domicile ,
First Amendment ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
SCOTUS ,
Summary Judgment ,
Trademark Infringement ,
Trademarks