On October 17, 2025, the USPTO proposed new rules that would dramatically alter IPR strategy. The most impactful change to the status quo is a proposal to bar the PTAB from instituting an IPR if a parallel district court case...more
10/28/2025
/ Comment Period ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
Parallel Proceedings ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Proposed Rules ,
Stays ,
USPTO ,
Venue
Ferrara Candy Company, the powerhouse behind NERDS®, is cracking down on what it calls a “copycat candy” in a newly filed federal lawsuit that’s making waves in the confectionery world. ...more
Recent U.S. trade secret verdicts have demonstrated the extraordinary financial exposure companies face under the Defend Trade Secrets Act (DTSA). Courts have awarded hundreds of millions in damages for misappropriation of...more
8/22/2025
/ Business Litigation ,
Confidential Information ,
Corporate Counsel ,
Corporate Liability ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Due Diligence ,
Litigation Strategies ,
Misappropriation ,
Non-Disclosure Agreement ,
Private Right of Action ,
Proprietary Information ,
Risk Management ,
Trade Secrets
Apple has escaped a $300 million patent infringement verdict after a three-judge panel of the United States Court of Appeals for the Federal Circuit vacated both the infringement and damages judgment because of faulty jury...more
6/26/2025
/ Abstract Ideas ,
Appeals ,
Apple ,
Damages ,
FRAND ,
Jury Instructions ,
Jury Trial ,
Patent Infringement ,
Patent Litigation ,
Precedential Opinion ,
Rules of Civil Procedure ,
Seventh Amendment ,
Standard Essential Patents ,
Vacated
The European Union recently passed a sweeping law regulating corporations and business leaders with respect to artificial intelligence (AI). The first legislation of its kind, the EU Artificial Intelligence Act seeks to...more
Businesses routinely raise their prices in response to changing economic conditions and competition. Now might be a particularly dangerous time to raise prices without careful consideration of the legal consequences of...more
As employers respond to the ongoing COVID-19 coronavirus pandemic, many are implementing work-from-home policies and establishing situational teleworking opportunities for their employees. While remote-work technology can...more
3/17/2020
/ Coronavirus/COVID-19 ,
Cybersecurity ,
Emergency Response ,
Employer Liability Issues ,
Networks ,
NIST ,
Risk Management ,
Security and Privacy Controls ,
State of Emergency ,
Telecommuting ,
Virtual Private Networks ,
Wage and Hour
Companies are still scrambling to comply with the new California Consumer Privacy Act of 2018 ("CCPA"), which became effective on January 1, 2020. The CCPA provides new rights and protections for "consumers," defined as...more
The Patent Trial and Appeal Board ("PTAB") has issued a precedential opinion that gives a green light to same-party and issue joinder. This practice will provide discretion to PTAB judges to allow a petitioner to add new...more
The Supreme Court clarified this week in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. that the "On Sale Bar" — which prohibits patents on inventions that are sold or offered for sale before the patent application...more
1/24/2019
/ America Invents Act ,
Assignment of Inventions ,
Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc ,
Inventions ,
On-Sale Bar ,
Patent Applications ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Public Use ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Section 102 ,
Third-Party Relationships
The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they...more
5/24/2017
/ Domestic Corporations ,
Foreign Corporations ,
Forum Shopping ,
Non-Practicing Entities ,
Patent Infringement ,
Patent Litigation ,
Personal Jurisdiction ,
Principal Place of Business ,
SCOTUS ,
TC Heartland LLC v Kraft Foods ,
Venue