On August 12, 2025, the U.S. Court of Appeals for the Ninth Circuit reversed a district court ruling striking certain trade secrets asserted by a plaintiff on the grounds that the plaintiff had not spelled out its trade...more
8/26/2025
/ Appellate Courts ,
California ,
Case Management ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Discovery ,
Federal Rules of Civil Procedure ,
Misappropriation ,
Sanctions ,
Statutory Interpretation ,
Summary Judgment ,
Trade Secrets ,
Uniform Trade Secrets Acts
On February 26, 2025, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Dewberry Group Inc. v. Dewberry Engineers Inc., holding that a disgorgement of “defendant’s profits” under the Lanham Act may...more
3/3/2025
/ Appeals ,
Corporate Governance ,
Damages ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Disgorgement ,
Lanham Act ,
SCOTUS ,
Trademark Enforcement ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
As Trump administration directives emerge, it’s crucial for businesses and other stakeholders to stay informed and adapt their strategies accordingly. We will provide ongoing coverage of these developments and their potential...more
2/4/2025
/ Affirmative Action ,
Artificial Intelligence ,
Climate Change ,
Cybersecurity ,
Diversity and Inclusion Standards (D&I) ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Federal Contractors ,
Financial Regulatory Reform ,
Healthcare ,
Intellectual Property Protection ,
International Litigation ,
International Trade ,
Legislative Agendas ,
Life Sciences ,
National Security ,
New Legislation ,
New Regulations ,
OECD ,
Privacy Laws ,
Regulatory Agenda ,
Technology Sector ,
Trade Policy ,
Trump Administration
Executive orders and other developments suggest changes are in store in the intellectual property (IP) sphere, but the exact shape of the changes is not yet clear.
New administration, new leadership: President Donald Trump...more
On April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published new guidance on the use of artificial intelligence (AI) based tools in connection with preparing and prosecuting patent and...more
5/9/2024
/ Artificial Intelligence ,
Disclosure Requirements ,
Duty to Disclose ,
Intellectual Property Protection ,
New Guidance ,
Patent Applications ,
Patent Trial and Appeal Board ,
Patents ,
Policies and Procedures ,
Rules of Professional Conduct ,
Trademark Application ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Two recent developments, one in the U.S. and one in the U.K., have shed further light on the intersection of patent law and artificial intelligence (AI), particularly with respect to whether AI-generated inventions can be...more
3/25/2024
/ Artificial Intelligence ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
UK ,
USPTO
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
Nearly three years have passed since the U.S. Supreme Court's decision on patent eligibility in Alice Corp. Pty. Ltd. v. CLS Bank Int'l. The decision, which ushered in an unprecedented wave of cases invalidating...more
4/19/2017
/ Claim Construction ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Federal Rule 12(b)(6) ,
Inter Partes Review (IPR) Proceeding ,
Motion to Dismiss ,
Patent Assertion Entities ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Section 101
In a 7-1 decision issued on March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be invoked as a defense against a claim for damages in a patent...more
3/22/2017
/ Appeals ,
Damages ,
Equitable Estoppel ,
Ex Partes Reexamination ,
Laches ,
Patent Infringement ,
Patents ,
Petrella v. MGM ,
Prior Art ,
Rebuttable Presumptions ,
Reversal ,
SCA Hygiene Products Aktiebolag v First Quality Baby Products ,
SCOTUS ,
Statute of Limitations
In a 7-0 decision issued on February 22, 2017, in Life Technologies Corp. v. Promega Corp., the U.S. Supreme Court held that exporting a single component of a multicomponent invention for combination abroad does not give rise...more
2/26/2017
/ Appeals ,
Component Parts Doctrine ,
Cross-Border Transactions ,
Exports ,
Extraterritoriality Rules ,
Jury Verdicts ,
Life Technologies Corp v Promega Corp ,
Manufacturer Liability ,
Motion to Set Aside the Verdict ,
Patent Infringement ,
Patents ,
Popular ,
Reversal ,
SCOTUS ,
Supply Contracts