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Familiar Tactics, New Targets: Non-Practicing Entities Move Into Life Sciences and Consumer Tech

High-volume patent monetization entities have long focused on targets in the information technology and software sectors. But that trend is shifting....more

USPTO Rescinds 2022 Memorandum on Discretionary Denials of Post-Grant Proceedings

On February 28, 2025, the United States Patent and Trademark Office (USPTO) rescinded a June 2022 memorandum clarifying when the Patent Trial and Appeal Board (PTAB) can issue discretionary denials of post-grant patent...more

Federal Circuit Reaffirms Scope of Safe Harbor Defense to Patent Infringement

In 2019, Edwards Lifesciences Corporation sued Meril Life Sciences Pvt. Ltd. for patent infringement in the Northern District of California, with Fenwick representing Meril in the district court case and the recent appellate...more

En Banc Federal Circuit Overrules Longstanding Test for Design Patent Obviousness

On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is...more

Federal Circuit Denies Request to Block Disclosure of Litigation Funding Information

Patent assertion entities make up a significant portion of patent litigation practice today. Many of these entities form just days or weeks before acquiring a patent and filing a complaint. Just as often, these entities’...more

In re BigCommerce: Federal Circuit Continues to Limit the Scope of Proper Patent Venue

Despite going undisturbed for nearly 30 years, the patent venue statute — 28 U.S.C. § 1400(b) — has undergone a near-complete overhaul by appellate courts in just the past 12 months. Starting with the U.S. Supreme Court’s...more

Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Section 1400(b) limits venue in...more

Intellectual Property Bulletin - Summer 2017

Reducing Cybersecurity Risks to Autonomous Vehicles - The Department of Transportation is revising autonomous vehicle guidelines it issued in September 2016. Recent comments by Secretary Elaine Chao suggest that the new...more

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