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File Early or Risk Denial: iRhythm IPR Institution Denial Underscores the Importance of Filing IPR Petitions Sooner Rather Than...

On June 6, 2025, the Acting Director of the United States Patent and Trademark Office (“USPTO”), Coke Morgan Stewart, issued a decision denying institution of five inter partes review (“IPR”) petitions filed by iRhythm, Inc....more

Federal Circuit Defines Scope of IPR Estoppel

In Ingenico Inc. v. IOENGINE, LLC, the Federal Circuit defined for the first time the scope of inter partes review (“IPR”) estoppel in district court and International Trade Commission (ITC) proceedings: IPR estoppel applies...more

Why Energy-transition Innovators Need a Sound Patent Strategy — and How to Build One

Recent investment in clean-energy technologies has been nothing short of extraordinary. Fueled in part by generous government incentives designed to accelerate the transition to a lower-carbon economy, clean-energy projects...more

Checkpoints Ahead: Parsing the AI Risk Environment

Since generative AI burst into the mainstream, companies have raced to capitalize on its extraordinary promise. But as with any technological frontier, this promise does not come without risks, and companies can expect to...more

Critical IP Issues Surrounding the Energy Transition

A host of questions are arising about the intellectual property rights attached to energy transition projects because of enormous investments in the space and the cutting-edge technologies that follow. Energy transition...more

Federal Circuit Reins in PTAB’s Authority in Trademark Cancellation Proceedings

In Great Concepts, LLC v. Chutter, Inc.,1 the Federal Circuit reversed and remanded the Trademark Trial and Appeal Board’s (“Board”) decision cancelling registration of Great Concepts’ trademark due to the filing of a...more

Your New AI Coworker: How Working with AI Raises New Patent and Copyright Challenges

The machines aren’t coming for your job — they’re here to help. But when humans work with artificial intelligence (“AI”) assistance, who owns the final product? If a person uses an AI tool to invent, is that person the...more

Forum Selection Clauses in Nondisclosure Agreements Can Forfeit the Right to File an IPR Petition

On February 8, the Federal Circuit held that a forum selection clause in a nondisclosure agreement (“NDA”) forfeited the parties’ right to file petitions for inter partes review (“IPR”) to challenge the validity of patents at...more

Federal Circuit Decision Barring Appointments Clause Challenges By IPR Petitioners Becomes Precedent

On May 5, 2020, the Federal Circuit reissued a previously nonprecedential opinion as precedential that held that inter partes review (“IPR”) petitioners could not benefit from its earlier Arthrex holding to challenge adverse...more

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