Bar Exam Toolbox Podcast Episode 227: Listen and Learn -- Duty of Candor to the Court
Supplemental Examination: A Tool Worth Further Consideration - Patents: Post-Grant Podcast
Florida Court Warns Attorneys: Verify AI-Generated Citations or Face Discipline - Russell v. Mells, Fla. 2d DCA, No. 2D2024-1560, 2025 WL 3533637, Dec. 10, 2025 - More and more, judges are referring attorneys to the bar for...more
On November 13, 2025, the U.S. District Court for the District of Massachusetts (court) found that patent applicant, Inline Plastics Corp. (Inline), engaged in inequitable conduct when it failed to disclose two inventors from...more
On Nov. 20, 2025, the Federal Energy Regulatory Commission (FERC) withdrew a July 2022 notice of proposed rulemaking (Duty of Candor NOPR) that considered supplementing its “patchwork” of duty of candor obligations with a...more
Chairman Swett maintains agenda of simplifying regulations, while contending that FERC’s existing communications rule is more than adequate to regulate communications....more
On November 20, 2025, the Federal Energy Regulatory Commission withdrew its notice of proposed rulemaking to expand the “duty of candor” in communications to FERC and terminated the related rulemaking under Docket No....more
In a post-trial opinion issued on June 30, 2025, the Delaware Court of Chancery largely ruled in favor of a fund manager who removed a Chinese investor from a fund established to purchase SpaceX shares, while finding the...more
[co-authors: Jean-Claude Mazzola, Adam Wiener, Richard Lerner] I am a longtime New York civil personal injury attorney. I thought that I had seen it all. Yet last year, while serving as a plaintiff’s trial attorney in a...more
USPTO Acting Director Stewart sua sponte reconsidered and modified a previous Director Review decision that had affirmed cancellation of all 183 challenged claims as a sanction against patent owner Longhorn Vaccines. ...more
Parties involved in Patent Trial and Appeal Board (PTAB) proceedings sometimes contemplate submitting experimental data to support their positions. Although such data can be useful, there also are risks. Several recent cases...more
Artificial intelligence dominated this year's emerging technology updates from the U.S. Patent and Trademark Office and the U.S. Copyright Office. These agencies, among many others, were kept quite busy under the directives...more
The Director of the USPTO initiated sua sponte review of a PTAB panel’s decision to impose sanctions based on patentee’s conduct during IPR proceedings.The PTAB cancelled all of patentee’s claims, including those not...more
The Patent Trial and Appeal Board has denied institution of an inter partes review for a design patent in part because the petitioner failed to show that three asserted references qualified as prior art. Specifically, the...more
Be cautious, be curious, be vigilant, and be brave. Those were the words of the New York State Bar Association’s Task Force on Artificial Intelligence. It is good advice. GenAI is here and lawyers need to understand its...more
Consideration of ethical and professional issues raised by Florida attorneys use of AI, including the following: - Florida Bar Ethics Opinion 24-1 (01/19/24). (Copy to be provided for download.) Overview of the opinion...more
On April 10, 2024, the United States Patent and Trade Office (USPTO) announced guidance regarding the use of artificial intelligence (AI) tools before the USPTO. ...more
This CLE course will guide patent counsel in identifying and determining inventorship and offer best practices for correcting errors regarding inventorship. Our experienced panel will provide perspectives gained from working...more
In an unprecedented PTAB decision involving Spectrum Solutions LLC (“Spectrum”) (Petitioner) and Longhorn Vaccines & Diagnostics (“Longhorn”) (Patent Owner), the Board found all five challenged patents invalid and imposed...more
On May 3, 2023, the Patent Trial & Appeal Board granted a motion for sanctions brought by Spectrum Solutions LLC against Longhorn Vaccines & Diagnostics LLC. The resulting sanctions order canceled five Longhorn patents. The...more
Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Listen and Learn" series, we're talking about the duty of candor, which you're very likely to see tested on the MPRE; or if you're in California, on an...more
Unlock the Future of Cannabis Innovation at INCBA’s Global Cannabis IP Symposium at McGill University in Montreal, Canada. Join INCBA for this groundbreaking two-day event dedicated to intellectual property in cannabis. Gain...more
The Patent Trial and Appeal Board (PTAB) granted Petitioner’s motions to sanction Patent Owner for failure to meet its duty of candor and fair dealing in five related inter partes review proceedings. The PTAB found that...more
In a rare exercise of authority, the PTAB issued sanctions against a Patent Owner for failure to meet its duty of candor and good faith by withholding information relevant to the patentability of challenged and substitute...more
The Patent Trial & Appeal Board of the US Patent & Trademark Office (PTO) canceled all challenged claims across five patents because the patent owner failed to meet its duty of candor by selectively and improperly withholding...more
Steep Drop in Discretionary Denials — But Will It Last? The Patent Trial and Appeal Board (PTAB) may be becoming more petitioner-friendly following a June 2022 memorandum that significantly narrows a precedent-setting...more
The Federal Energy Regulatory Commission (FERC or the Commission) is exploring whether to impose a new far-reaching duty of candor requirement. The proposed rule would prohibit the submission of inaccurate information to FERC...more