Why IPR Decisions Don’t Preclude District Court Litigation
The kids are fighting over something and bring it to me to resolve. I don’t really want to get involved in whatever they’re arguing about, but instead of just telling…
Summary of Causam Enterprises, Inc. v. International Trade Commission (Fed. Cir. Oct. 15, 2025)
Wow, the Federal Circuit seriously narrowed the scope of some patent assignments.The Federal Circuit held that a 2007 patent assignment covering “divisions, reissues, continuations, and extensions” did not include continuation-in-part…
Automated Telephone Line Open
We just opened up a new service: a telephone line: (949) 943-8311 , where you can call and get answers to basic Intellectual Property questions. We have text FAQs available…
Discovery Gamesmanship Backfires: A Lesson in Playing Fast and Loose
Every so often, the Federal Circuit hands down a decision that’s less about patents and more about human nature. Magēmā (pronounced: Maggie-May) Technology v. Phillips 66 is one of those…
March-In Madness: Harvard, Bayh-Dole, and the Trump Administration
When politicians get involved in patent law, things usually get messy — and the latest spat between the Trump Administration and Harvard over the Bayh-Dole Act is no exception. A Little…
Call of Duty Lawsuit Ends Without Attorneys’ Fees for Activision
The Fifth Circuit just weighed in on a copyright fight between retired wrestler Booker T. Huffman and video game giant Activision. Huffman claimed that Activision’s Call of Duty: Black Ops…
Secrets, Secrets Are No Longer Hard to Keep (in Court)
Previously, courts have required trade secret plaintiffs to identify their trade secrets with particularity before the defendants were required to respond to any discovery requests. In practice, no matter how…
AI’s secret ingredient: Text, Data, and Fair Use
Text and data mining (TDM) is basically grabbing lots of data from the internet. From that data, large language models and AI extract patterns and can generate text.Accessing large amounts…
Doctrine of Equivalents
The Doctrine of Equivalents is a legal principle in U.S. patent law that allows a court to find infringement even when the accused product or process does not literally fall within the…
The USPTO has suspended expedited examination of design applications
The PTO had suspended expedited examinations of design applications back on April 17, 2025, but has issued a final rule to eliminate them altogether, as part of effort “to combat…