Trade secret litigation after the Defend Trade Secrets Act
Connecticut Collections: How to get paid if you are owed money? Part 2: Prejudgment Remedy ("PJR")
Under 35 USC § 303(a), the US Patent and Trademark Office (USPTO) must determine within three months of the filing of a reexamination request whether the request raises a substantial new question of patentability....more
Under a new procedure, announced in an Official Gazette Notice dated April 1, 2026, patent owners may now provide input before the United States Patent and Trademark Office decides whether to initiate an ex parte...more
Ex parte reexamination proceedings now have a new twist: patent owners will have the option to file a pre-order paper before the Office determines whether a substantial new question of patentability (SNQ) has been raised....more
In an Official Gazette notice dated 1 April 2026, the USPTO announced a new procedure allowing patent owners to submit a limited “pre order” paper addressing whether a third party ex parte reexamination request raises a...more
On April 1, 2026, the USPTO issued new guidance establishing a “Pre-Order Procedure Regarding Substantial New Question Determination in Ex Parte Reexamination Proceedings,” signaling further changes to the agency’s...more
The U.S. Patent and Trademark Office (USPTO) is instituting a new process in ex parte reexamination (EPRx) proceedings that will permit a patent owner to submit a pre-order paper to dispute the existence of a substantial new...more
The USPTO has announced a new pre-order procedure that, for the first time, gives patent owners a formal opportunity to weigh in before the Office decides whether to order ex parte reexamination. Signed by Director John A....more
In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners....more
In February’s Part I article (“First Strike“), we described how anonymous ex parte reexamination can function as an early-stage lever, used by potential defendants and other market participants to reduce assertion risk before...more
In Smart Study C. Ltd, v. Shenzhenshixindajixieyouxiangongsi, 164 F. 4th 164 (2d Cir. 2025), the Second Circuit affirmed the dismissal of trademark infringement claims against China-based defendants, holding that service by...more
In 2025, the Patent Trial and Appeal Board (PTAB) experienced significant procedural and substantive changes. Under new leadership at the U.S. Patent and Trademark Office (USPTO), a series of developments reshaped...more
The U.S. Patent and Trademark Office (USPTO) under new Director John Squires has been focused on spurring AI technology growth, with the USPTO in 2025 pushing a sweeping policy agenda designed to promote patentability of...more
Q: I was appointed receiver based on an ex parte motion. The court subsequently confirmed my appointment. The defendant vigorously opposed my appointment and has threatened to appeal. ...more
The new United States Patent and Trademark Office (USPTO) Director John A. Squires was sworn in on September 22, 2025 and wasted no time that week in expanding patent eligibility for AI related inventions. ...more
The Patent Trial and Appeal Board (PTAB) has issued a decision in an ex parte appeal reversing an examiner’s final rejection under 35 U.S.C. § 101 of claims directed to artificial intelligence (AI) based business methods. Ex...more
DUKE UNIVERSITY, ALLERGAN SALES, LLC v. SANDOZ INC. [OPINION] (2024-2078, 11/18/2025) (Dyk, Stoll, Stark) - Stark, J. The Federal Circuit found a patent claim invalid because the patent lacked written description support...more
Over the last decade, Schedule A lawsuits have become a central enforcement mechanism for brand owners seeking to combat the surge of online counterfeiting and infringement. These cases—most commonly filed in the Northern...more
On November 4, 2025, Director of the U.S. Patent and Trademark Office, John Squires, designated the Ex Parte Desjardins decision of September 26, 2025 as “precedential.”...more
In a March 2025 article, we provided strategy considerations for both parties handling ex parte reexaminations following denied inter partes reviews (IPRs) in view of the United States Patent and Trademark Office (USPTO)...more
Just days after John A. Squires was sworn in as the 60th Director of the U.S. Patent and Trademark Office (USPTO) on September 23, 2025, he convened the rarely used Appeals Review Panel (ARP) and issued a decision in Ex parte...more
Eicher Motors Limited v. Partnerships & Unincorporated Ass’ns Identified on Schedule “A”, No. 25cv02937 (N.D. Ill. Aug. 8, 2025) - For years, the Northern District of Illinois has served as the hub for “Schedule A”...more
An ex parte temporary restraining order has been issued against the participants in a debt relief services scheme that allegedly targeted seniors, including veterans, using a variety of deceptive practices, including falsely...more
In two notable recent judgments, the Bermuda Supreme Court ruled that a director of a Bermuda company was entitled to an interim injunction prohibiting the company and its other directors from improperly excluding him from...more
The recent Patent Trial and Appeal Board (PTAB) decision Ex Parte Baurin reversed an Examiner rejection for obviousness-type double patenting (ODP) in U.S. Application No. 17/135,529 over the later-filed, later-expiring...more